HB 311: Advancing Fair Employment for All Ages Act; enact

Georgia's current age discrimination law (O.C.G.A. § 34-1-2) protects employees between the ages of 40 and 70 from being refused hire, fired, or denied a license solely because of their age. This bill would change that protected range so it covers anyone 40 years of age or older, with no upper limit, meaning workers over 70 would gain the same legal protection as those between 40 and 70. The bill also updates the language of the law slightly, changing the word 'ground' to 'basis' and adding 'or her' alongside 'him' and 'he' to make the pronouns gender-neutral. It keeps the existing exceptions, including the rule allowing compulsory retirement for certain high-level executives who qualify for a large pension. The law would take effect as soon as the Governor signs it or it becomes law without his signature.

• Removes the 70-year-old upper age cap in Georgia's age discrimination in employment law, extending protection to all workers 40 and older.
• Changes the word describing the basis for the prohibited discrimination from 'ground' to 'basis,' a wording update with no substantive effect.
• Adds gender-neutral pronoun language ('or her,' 'or she') to the existing text describing job qualifications.
• Keeps unchanged the existing exception allowing compulsory retirement for certain executives age 65 to 70 who qualify for a large pension benefit.
• Gives the Act a short title, the 'Advancing Fair Employment for All Ages Act.'

Employers, businesses, and other entities in Georgia that hire or employ workers, as well as employees and job applicants aged 40 and older, especially those over 70 who are not currently covered by the state's age discrimination protections.

Georgia workers over age 70 currently fall outside the state's age discrimination protections in employment; this bill would close that gap so older workers could not be refused hire, fired, or denied a license solely because of their age, regardless of how old they are.

• Section 1 names the Act the 'Advancing Fair Employment for All Ages Act.'
• Section 2 amends O.C.G.A. § 34-1-2(a) to replace the protected range of 'between the ages of 40 and 70 years' with '40 years of age or older,' removing the upper cutoff.
• Section 2 also changes 'ground' to 'basis' and adds gender-neutral pronouns, and keeps the existing compulsory retirement exception for certain executives 65 to 70 with at least $27,000 in guaranteed annual retirement benefits.
• Section 3 sets the effective date as the date the Governor signs the bill or it otherwise becomes law without his signature.
• Section 4 repeals any conflicting laws.

1. 2025-04-04House Withdrawn, Recommitted (House)
2. 2025-03-06House Committee Favorably Reported (House)
3. 2025-02-11House Second Readers (House)
4. 2025-02-10House First Readers (House)
5. 2025-02-06House Hopper (House)

• Kim Schofield (D, HD-63)Primary sponsor
• Dewey McClain (D, HD-109)
• Sandra Scott (D, HD-76)
• Viola Davis (D, HD-87)

• age discrimination
• employment law
• older workers
• workplace protections