---
title: HB 306. Labor and industrial relations; cause of action for workplace harassment and retaliation; provide
collection: bills
id: 2025-2026/hb306
cite_as: HB 306, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb306
md_url: https://georgiacommons.org/bills/2025-2026/hb306.md
text_url: https://georgiacommons.org/bills/2025-2026/hb306/text
source_url: https://www.legis.ga.gov/legislation/70017
date: 2025-02-11
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb306.md?full=1
bill_number: HB 306
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-06
last_action: House Second Readers
sponsors:
- Tanya Miller
- Inga Willis
- Omari Crawford
- Dewey McClain
- Scott Holcomb
- Lisa Campbell
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB306/2025
upstream_id: 1961015
summaries_model: claude-sonnet-5
topic_tags:
- workplace harassment
- employment law
- retaliation claims
- discrimination
- labor law
---
# HB 306. Labor and industrial relations; cause of action for workplace harassment and retaliation; provide
## Text
House Bill 306
By: Representatives Miller of the 62nd, Willis of the 55th, Crawford of the 89th, McClain of
the 109th, Holcomb of the 101st, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, so as to provide for a cause of action for workplace harassment and retaliation; to
provide for definitions; to provide for certain facts to be determined at trial by a jury; to
provide for an affirmative defense; to provide for a statute of limitations; to provide for relief
and damages; to provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,
is amended by revising Chapter 5A, relating to sexual harassment in government workplaces,
as follows:
"CHAPTER 5A
34-5A-1.
As used in this chapter, the term:
(1) 'Adverse employment action' means a material change in the terms or conditions of
employment that puts a claimant in a worse position. Such term includes termination,
suspension, demotion, and transfer or reassignment to an inferior or objectively less
desirable position, duties, or work schedule.
(2) 'Anti-harassment policy' means a set of guidelines and procedures that an employer
implements to prevent and address workplace harassment and retaliation by supervisors,
co-workers, and third parties.
(3) 'Claimant' means an individual who works for salary, wages, or other remuneration
for an employer and brings a claim under this chapter.
(4) 'Co-worker' means an individual other than the claimant who works or provides
services to the same employer as the claimant but who is not a supervisor for such
employer.
(5) 'Employer' means an entity or its agent engaged in business that pays ten or more
individuals who work for salary, wages, or other remuneration in this state. Such term
shall not include the federal government, state government, any political subdivision of
this state, or a quasi-governmental entity.
(6) 'Protected activity' means an action that is protected by law. Such term includes
when a claimant has:
(A) Opposed workplace harassment;
(B) Made a formal complaint regarding workplace harassment to the employer, made
a report or a charge or filed a complaint related to workplace harassment with the
United States Equal Employment Opportunity Commission, or filed a lawsuit related
to workplace harassment in a court of law;
(C) Instituted, caused to be instituted, assisted in, or participated in any manner in an
investigation, proceeding, hearing, or action related to workplace harassment which is
undertaken by the employer, the United States Equal Employment Opportunity
Commission, or a court of law; or
(D) Provided information, has testified, or is known by the employer to be planning to
testify in any manner in any such investigation, proceeding, hearing, or action
undertaken by the employer, the United States Equal Employment Opportunity
Commission, or a court of law.
(7) 'Protected characteristic' means an individual's race, color, religion, sex, national
origin, age, disability, or genetic information.
(8) 'Retaliation' means an adverse employment action taken against a claimant as
punishment for the claimant engaging in a protected activity or advocating for
employment protections provided under this chapter.
(9) 'Sexual harassment' 'sexual harassment' means sexual advances, requests for sexual
favors, sexual or sex-based sex based conduct, or any other unwelcome and offensive
conduct of a sexual nature where:
(A) Submission to the conduct involved is made, implicitly or explicitly, a term or
condition of work;
(B) Submission to or rejection of the conduct is used as the basis for a personnel
decision affecting the individual's work; or
(C) Such conduct creates an intimidating, hostile, or offensive work environment,;
provided, however, that an intimidating, hostile, or offensive work environment is not
created when the conduct does not rise above the level of what a reasonable person
would consider merely tactless, inconsiderate, overfamiliar, or otherwise impolite,
particularly with regard to the totality of the circumstances.
(10) 'Supervisor' means any individual who has authority to undertake or recommend
tangible employment decisions affecting a claimant or to direct the claimant's work
activities.
(11) 'Workplace' means any work related setting, including, but not limited to, online or
mobile communications by a claimant, co-worker, or supervisor.
(12) 'Workplace harassment' means unwelcome and offensive conduct based on a
protected characteristic, including sexual harassment, at a claimant's workplace that
negatively impacts a claimant's employment. Such term includes conduct at a claimant's
workplace where:
(A) Submission to the conduct involved is made, implicitly or explicitly, a term or
condition of work;
(B) Submission to or rejection of the conduct is used as the basis for a personnel
decision affecting the individual's work; or
(C) Such conduct creates an intimidating, hostile, or abusive work environment;
provided, however, that an intimidating, hostile, or abusive work environment is not
created when the conduct does not rise above the level of what a reasonable person
would consider merely tactless, inconsiderate, overfamiliar, or otherwise impolite,
particularly with regard to the totality of the circumstances.
34-5A-2.
(a) Any individual working for a county, municipality, or consolidated government as an
employee or in a similar capacity shall have a cause of action for retaliation against the
county, municipality, or consolidated government if such county, municipality, or
consolidated government has discharged, suspended, demoted, or taken any other an
adverse employment action against the individual in the terms or conditions of the work
relationship because the individual has:
(1) Opposed sexual harassment;
(2) Made a report or a charge, or filed any complaint related to sexual harassment;
(3) Instituted, or caused to be instituted, assisted in, or participated in any manner in any
investigation, proceeding, hearing, or action related to sexual harassment; or
(4) Provided information, has testified, or is known by the county, municipality, or
consolidated government to be planning to testify in any manner in any such
investigation, proceeding, hearing, or action related to sexual harassment.
(b) Such individual may institute such a civil action in accordance with the provisions of
paragraph (1) of subsection (e) of Code Section 45-1-4, and a court may order any or all
of the relief described in paragraph (2) of subsection (e) and subsection (f) of Code
Section 45-1-4.
(c) Nothing in this Code section shall be interpreted to prohibit the county, municipality,
or consolidated government from taking appropriate corrective or remedial action against
any individual who it determines has engaged in or facilitated sexual harassment.
(d) A county, municipality, or consolidated government may mitigate liability for
retaliation if it shows that, acting in good faith, it exercised reasonable care to prevent and
promptly address sexual harassment as provided in Code Section 34-5A-4.
(e) All facts necessary to establish liability for a cause of action as provided in
subsection (a) of this Code section shall be determined at trial by a jury.
34-5A-3.
(a) A claimant aggrieved by workplace harassment shall have a cause of action for
workplace harassment against:
(1) A supervisor, co-worker, or third party when such individual engaged in workplace
harassment of the claimant;
(2) An employer when a co-worker or third party engaged in workplace harassment of
the claimant and the employer's negligence exposed the claimant to a risk of such
harassment; and
(3) An employer when a supervisor engaged in workplace harassment of claimant.
(b) An employer may mitigate liability for workplace harassment if it shows that, acting
in good faith, it exercised reasonable care to prevent and promptly address workplace
harassment as provided in Code Section 34-5A-4.
(c) All facts necessary to establish liability for a cause of action as provided in this Code
section shall be determined at trial by a jury.
34-5A-4.
(a) An employer may mitigate liability for workplace harassment or retaliation when the
employer shows that, acting in good faith, it exercised reasonable care to prevent and
promptly address workplace harassment and retaliation.
(b) An employer shall be deemed to have exercised reasonable care to prevent and
promptly address workplace harassment and retaliation when it has:
(1) Adopted a written anti-harassment policy that establishes policies and procedures
concerning unlawful discrimination and harassment. Such policy shall contain at least:
(A) A statement that any workplace harassment will not be tolerated and that discipline
will be enforced against individuals engaging in workplace harassment;
(B) A statement that retaliation against those who disclose, report, participate in an
investigation of, or otherwise challenge or oppose workplace harassment is prohibited;
(C) A statement that the employer will promptly and impartially investigate complaints
alleging workplace harassment or retaliation;
(D) Definitions of protected activity, protected characteristics, retaliation, sexual
harassment, and workplace harassment;
(E) A description of the process for filing internal complaints alleging workplace
harassment or retaliation;
(F) The contact information of the person to whom complaints alleging workplace
harassment or retaliation should be made and an alternative channel, if the alleged
harasser or retaliator is such person; and
(G) A statement that the employer may take remedial measures during the investigation
of an allegation of workplace harassment or retaliation and in the event of verified
workplace harassment or retaliation;
(2) Disseminated the anti-harassment policy to all employees, including the claimant;
(3) Followed policies and procedures for workplace harassment and retaliation contained
in the anti-harassment policy and as required by law;
(4) Trained supervisors on steps to prevent and correct workplace harassment and
retaliation when it is observed and steps to take when workplace harassment or retaliation
is reported to a supervisor;
(5) Promptly disciplined individuals who engaged in workplace harassment or retaliation
to deter future harassment and retaliation;
(6) Promptly disciplined supervisors who knowingly allowed workplace harassment or
retaliation to occur or continue; and
(7) Stopped workplace harassment or retaliation that the employer knew or should have
known occurred.
(c) All facts necessary to establish an affirmative defense against liability as provided in
this Code section shall be determined at trial by a jury.
34-5A-5.
(a) Except as provided for in Code Section 34-5A-2, a claimant shall have a cause of
action for retaliation against a supervisor or employer when such supervisor or employer
took an adverse employment action against the claimant because such claimant engaged
in a protected activity.
(b) An employer may mitigate liability for retaliation if it shows that, acting in good faith,
it exercised reasonable care to prevent and promptly address retaliation as provided in Code
Section 34-5A-4.
(c) All facts necessary to establish liability for a cause of action as provided in
subsection (a) of this Code section shall be determined at trial by a jury.
34-5A-6.
(a) Any claimant's action for workplace harassment as provided for in Code
Section 34-5A-3 shall commence within two years from the date of the most recent
incident.
(b) Any claimant's action for retaliation as provided for in Code Section 34-5A-2
or 34-5A-5 shall commence within one year after discovering the retaliation or within three
years after the retaliation, whichever is earlier.
34-5A-7.
(a) In an action brought pursuant to this chapter, the court may order any relief it deems
appropriate to make the claimant whole, including, but not limited to, compensation for lost
wages, front pay or reinstatement, benefits, other remuneration, compensatory damages,
punitive damages, reasonable attorney and witness fees, court costs, and other related
expenses. A court may grant as relief a permanent or temporary injunction, temporary
restraining order, or other order, including an order enjoining the defendant from engaging
in such practice or ordering such continuing remedial action as may be appropriate.
(b) Punitive damages shall not be available if a jury determines that the employer has
substantively complied with Code Section 35-5A-4.
(c) The provisions of this chapter shall be construed as being in addition to, and in no way
denying, altering, or amending, any other civil or criminal rights or remedies at law or in
equity or notice requirements provided under any other provision of law."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 306 would let workers in Georgia sue supervisors, coworkers, and employers directly for workplace harassment and retaliation, expanding a law that currently only covers government employees.
### Plain-language summary
Georgia currently has a chapter of law (O.C.G.A. Chapter 5A of Title 34) that lets county, municipal, and consolidated government employees sue for retaliation tied to sexual harassment complaints. This bill rewrites that chapter to create a much broader set of legal claims covering harassment based on any protected characteristic, such as race, sex, religion, age, disability, or genetic information, not just sexual harassment.
The bill lets a worker sue a supervisor, coworker, or third party who harasses them, and lets a worker sue their employer if the employer was negligent in letting a coworker or third party harass them, or if a supervisor did the harassing. It defines key terms like workplace harassment, retaliation, and adverse employment action, and gives employers a way to reduce their legal liability by adopting and following a detailed written anti-harassment policy. Claims for harassment must be filed within two years of the most recent incident, and retaliation claims within one year of discovery or three years of the act, whichever comes first. Courts could award back pay, reinstatement, damages, and attorney fees. The law would take effect as soon as the Governor signs it.
### What it does
- Creates a new legal claim letting an employee sue a supervisor, coworker, or third party who engages in workplace harassment based on race, sex, religion, age, disability, genetic information, or national origin.
- Lets a worker sue an employer for a supervisor's harassment, or for a coworker's or third party's harassment if the employer was negligent in exposing the worker to that risk.
- Creates a separate retaliation claim against any employer or supervisor who takes an adverse employment action, such as firing, demotion, or reassignment, because a worker engaged in a protected activity like reporting harassment.
- Lets employers reduce or avoid liability by showing they adopted, distributed, and enforced a detailed written anti-harassment policy that meets specific requirements.
- Sets filing deadlines: two years from the most recent harassment incident, and for retaliation, one year after discovery or three years after the act, whichever is earlier.
- Blocks punitive damages if a jury finds the employer substantially complied with the law's anti-harassment policy requirements.
### Who it affects
Private employers with ten or more paid workers in Georgia, their supervisors and employees, and coworkers or third parties in the workplace. County, municipal, and consolidated government employers and employees remain covered under a separate retaliation provision that predates this bill.
### Why it matters
Georgia workers who face harassment based on race, sex, disability, age, or other protected traits would gain a direct path to sue in state court, beyond existing federal options. Employers would face new legal exposure but could limit damages by maintaining a compliant anti-harassment policy and enforcing it consistently.
### Key provisions
- Section 34-5A-1 defines terms including 'workplace harassment,' 'retaliation,' 'adverse employment action,' 'supervisor,' 'employer' (a business paying 10 or more workers, excluding government entities), and 'protected characteristic.'
- Section 34-5A-2 keeps the existing retaliation claim for county, municipal, and consolidated government employees tied to sexual harassment complaints, and lets governments mitigate liability with reasonable-care measures.
- Section 34-5A-3 creates a new workplace harassment claim against supervisors, coworkers, third parties, and negligent employers, with liability facts decided by a jury at trial.
- Section 34-5A-4 lists what an employer must do to claim it exercised 'reasonable care,' including a written anti-harassment policy with specific required statements, training, and prompt discipline.
- Section 34-5A-5 creates a general retaliation claim against a supervisor or employer for adverse action taken because a worker engaged in a protected activity.
- Section 34-5A-6 sets the statute of limitations: two years for harassment claims, and for retaliation, one year after discovery or three years after the act, whichever is earlier.
- Section 34-5A-7 lists available relief, including lost wages, reinstatement, damages, attorney fees, and injunctions, but bars punitive damages if the employer substantially complied with the anti-harassment policy requirements.
- The Act takes effect immediately upon the Governor's signature or upon becoming law without the Governor's approval.
## Status
- Status: Introduced (2025-02-06)
- Last action: House Second Readers (2025-02-11)
- Sponsors: Tanya Miller, Inga Willis, Omari Crawford, Dewey McClain, Scott Holcomb, Lisa Campbell
- Official page: https://www.legis.ga.gov/legislation/70017
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb306.md?full=1