House Bill 670
By: Representatives Clark of the 108th, Hugley of the 141st, Carter of the 93rd, Evans of the
57th, and Holcomb of the 101st
A BILL TO BE ENTITLED
AN ACT
To amend Titles 8, 10, 34, 35, 45, and 50 of the Official Code of Georgia Annotated, relating
to buildings and housing, commerce and trade, labor and industrial relations, law
enforcement officers and agencies, public officers and employees, and state government,
respectively, so as to provide comprehensive state civil rights laws protecting individuals
from discrimination in housing, public accommodations, and employment on the basis of
race, color, religion, sex, sexual orientation, age, disability, familial status, or national origin;
to provide for legislative findings and intent; to extend protections prohibiting discrimination
in housing; to provide for the right to equal enjoyment of and privileges to public
accommodations and provide for a civil right of action and remedies; to prohibit
discrimination in private and public employment and provide for a private right of action and
remedies; to specifically prohibit racial profiling by law enforcement officers and law
enforcement agencies; to require certain policies and procedures by law enforcement
agencies; to provide for data collection; to provide for regulations by the Attorney General;
to provide for an annual report; to provide for a right of action for enforcement; to revise the
state waiver of sovereign immunity; to provide for waiver of sovereign immunity under
certain circumstances; to repeal the use of the term "handicap" and make conforming changes
with the use of the term "disability"; to provide for definitions; to provide for related matters;
to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
This Act shall be known and may be cited as the "Georgia Civil Rights Act of 2025."
SECTION 1-2.
(a) The General Assembly finds that:
(1) Georgia is one of only three states without comprehensive state civil rights laws
protecting individuals from discrimination in employment, housing, and public
accommodations;
(2) The General Assembly has considered legislation in recent years adding specific
protections against discrimination for people based on religious beliefs, as well as sexual
orientation, in separate contexts;
(3) The Georgia Constitution guarantees equal protection under the law for all citizens;
(4) The Georgia Constitution guarantees the natural and inalienable right to worship God,
according to the dictates of a person's own conscience; and no human authority should, in
any case, control or interfere with such right of conscience;
(5) The Georgia Constitution holds that no one should be molested in person or property
on account of religious opinions; but the right of freedom of religion shall not be construed
as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety
of this state; and
(6) It is the duty of the General Assembly to enact such laws as will protect all citizens in
the full enjoyment of the rights, privileges, and immunities due to such citizenship.
(b) It is the intent of the General Assembly:
(1) To expand and clarify civil rights laws in this state by addressing discrimination in
employment, housing, and public accommodations; and
(2) That this Act shall be liberally construed to safeguard against the discrimination
prohibited herein.
PART II
SECTION 2-1.
Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is
amended by revising Code Section 8-3-200, relating to state policy and purposes and
construction of article, as follows:
"8-3-200.
(a) It is the policy of the State of Georgia to provide, within constitutional limitations, for
fair housing throughout this state.
(b) The general purposes of this article are:
(1) To provide for execution in <del>the</del> <ins>this</ins> state of policies embodied in Title VIII of the
Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988;
(2) To safeguard all individuals from discrimination in any aspect relating to the sale,
rental, or financing of dwellings or in the provision of brokerage services or facilities in
connection with the sale or rental of a dwelling because of <del>that individual's</del> <ins>such
individuals'</ins> race, color, religion, sex, <ins>sexual orientation, age,</ins> disability <del>or handicap,
</del> familial status, or national origin;
(3) To promote the elimination of discrimination in any aspect relating to the sale, rental,
or financing of dwellings or in the provision of brokerage services or facilities in
connection with the sale or rental of a dwelling because of a person's race, color, religion,
sex, <ins>sexual orientation, age,</ins> disability <del>or handicap,</del> familial status, or national origin; and
(4) To promote the protection of each individual's interest in personal dignity and
freedom from humiliation and the individual's freedom to take up residence wherever
such individual chooses; to secure the state against domestic strife and unrest which
would menace its democratic institutions; to preserve the public safety, health, and
general welfare; and to further the interests, rights, and privileges of individuals within
this state.
(c) This article shall be broadly construed to further the general purposes stated in this
Code section and the special purposes of the particular provision involved."
SECTION 2-2.
Said title is further amended by revising paragraphs (1) through (5) of subsection (a) of Code
Section 8-3-202, relating to unlawful practices in selling or renting dwellings and exceptions,
as follows:
"(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to
any person because of race, color, religion, sex, <ins>sexual orientation, age,</ins> disability,
familial status, or national origin;
(2) To discriminate against any person in the terms, conditions, or privileges of sale or
rental of a dwelling, or in the provision of services or facilities in connection therewith,
because of race, color, religion, sex, <ins>sexual orientation, age,</ins> disability, familial status, or
national origin;
(3) To make, print, or publish or cause to be made, printed, or published any notice,
statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates
any preference, limitation, or discrimination based on race, color, religion, sex, <ins>sexual
</ins>
<ins>orientation, age,</ins> disability, familial status, or national origin, or an intention to make any
such preference, limitation, or discrimination;
(4) To represent to any person because of race, color, religion, sex, <ins>sexual orientation,
age,</ins> disability, familial status, or national origin that any dwelling is not available for
inspection, sale, or rental when such dwelling is in fact so available;
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the neighborhood of a person
or persons of a particular race, color, religion, sex, <ins>sexual orientation, age,</ins> familial status,
or national origin or with a disability;"
SECTION 2-3.
Said title is further amended by revising Code Section 8-3-203, relating to unlawful denial
of or discrimination in membership or participation in service or organization relating to
selling or renting dwellings, as follows:
"8-3-203.
It shall be unlawful to deny any person access to or membership or participation in any
multiple-listing service, real estate brokers' organization, or other service, organization, or
facility relating to the business of selling or renting dwellings or to discriminate against
such person in the terms or conditions of such access, membership, or participation on
account of <del>race, color, religion, sex, disability, familial status, or national origin</del> <ins>race, color,
religion, national origin, sex, sexual orientation, age, disability, familial status, or national
origin."
</ins> SECTION 2-4.
Said title is further amended by revising subsections (b) and (c) of Code Section 8-3-204,
relating to discrimination in residential real estate related transactions and appraisals, as
follows:
"(b) It shall be unlawful for any person or other entity whose business includes engaging
in residential real estate related transactions to discriminate against any person in making
available such a transaction or in the terms or conditions of such a transaction because of
race, color, religion, sex, <ins>sexual orientation, age, disability,</ins> <del>handicap,</del> familial status, or
national origin.
(c) Nothing in this article shall be construed to prohibit a person engaged in the business
of furnishing appraisals of real property from taking into consideration factors other than
<del>race, color, religion, national origin, sex, handicap, or familial status</del> <ins>race, color, religion,
national origin, sex, sexual orientation, age, disability, familial status, or national origin."
</ins> SECTION 2-5.
Said title is further amended by revising subsection (a) of Code Section 8-3-205, relating to
permissible limitations in sale, rental, or occupancy of dwellings by religious organizations
or private clubs and housing for older persons, as follows:
"(a) Nothing in this article shall prohibit a religious organization, association, or society,
or any nonprofit institution or organization operated, supervised, or controlled by or in
conjunction with a religious organization, association, or society, from limiting the sale,
rental, or occupancy of dwellings which it owns or operates for <del>other than a commercial
purpose</del> <ins>noncommercial purposes</ins> to persons of the same religion or from giving preference
to such persons unless membership in such religion is restricted on account of race, color,
sex, <ins>sexual orientation, age, disability,</ins> <del>handicap,</del> familial status, or national origin.
Nothing in this article shall prohibit a private club not in fact open to the public, which as
an incident to its primary purpose or purposes provides lodgings which it owns or operates
for <del>other than a commercial purpose</del> <ins>noncommercial purposes,</ins> from limiting the rental or
occupancy of such lodgings to its members or from giving preference to its members."
PART III
SECTION 3-1.
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is
amended by adding a new chapter to read as follows:
<ins>"CHAPTER 16
10-16-1.
(a) It is the policy of the State of Georgia to provide, within constitutional limitations, for
equal enjoyment of public accommodations throughout this state.
(b) The general purpose of this chapter is to provide for execution in this state of the
policies embodied in 42 U.S.C. Section 2000a, et seq., as of January 1, 2025, and 42 U.S.C.
Section 1981, as of January 1, 2025.
(c) This chapter shall be broadly construed to further the general purposes stated in this
Code section and the special purposes of the particular provision involved.
10-16-2.
As used in this chapter, the term 'place of public accommodation' shall have the same
meaning as the term 'public accommodation' as set forth in the Americans with Disabilities
Act of 1990, 42 U.S.C. Section 12181, et seq., as of January 1, 2025.
10-16-3.
(a) All persons shall be entitled to the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, and accommodations of any place of public
accommodation without discrimination or segregation on the basis of race, color, religion,
sex, sexual orientation, age, disability, familial status, or national origin.
</ins>
<ins>(b) It shall be unlawful for any person to:
(1) Withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive any
person of any right or privilege secured by subsection (a) of this Code section;
(2) Intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any
person with the purpose of interfering with any right or privilege secured by
subsection (a) of this Code section; or
(3) Punish or attempt to punish any person for exercising or attempting to exercise any
right or privilege secured by subsection (a) of this Code section.
10-16-4.
When any person has engaged or there are reasonable grounds to believe that any person
is about to engage in any act or practice prohibited by subsection (b) of Code
Section 10-16-3, a civil action for preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order, may be instituted by
the person aggrieved, and the court may grant such relief as it deems appropriate. In any
action commenced pursuant to this chapter, the court, in its discretion, may allow the
prevailing party reasonable attorney's fees as part of the costs.
10-16-5.
This chapter shall be broadly construed to safeguard against the discrimination prohibited
by this chapter."
</ins> PART IV
SECTION 4-1.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,
is amended by adding a new Code section to read as follows:
<ins>"34-1-11.
(a)(1) It is the policy of the State of Georgia to provide, within constitutional limitations,
for equal employment opportunities throughout this state.
(2) The general purpose of this Code section is to provide for execution in this state of
policies embodied in 42 U.S.C. Section 2000e, et seq., as of January 1, 2025.
(b) As used in this Code section, the term 'employer' means a person engaged in an
industry affecting commerce, as defined in 42 U.S.C. Section 2000e, et. seq., as of
January 1, 2025, that has 15 or more employees for each working day in each of 20 or more
calendar weeks in the current or preceding calendar year, and any agent of such person.
Such term does not include:
(1) The United States, a corporation wholly owned by the government of the United
States, or an American Indian tribe;
(2) A bona fide private membership club, other than a labor organization, as defined
in 42 U.S.C. Section 2000e, et. seq., as of January 1, 2025, which is exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code of 1986, as of January 1, 2025; or
(3) A public employer as defined in Code Section 45-19-22.
(c) It shall be unlawful for an employer to:
(1) Fail or refuse to hire or to discharge any individual, or otherwise to discriminate
against any individual with respect to such individual's compensation, terms, conditions,
or privileges of employment, because of such individual's race, color, religion, sex, sexual
orientation, age, disability, familial status, or national origin; or
(2) Limit, segregate, or classify its employees or applicants for employment in any way
which would deprive or tend to deprive any individual of employment opportunities or
otherwise adversely affect such individual's status as an employee, because of such
individual's race, color, religion, sex, sexual orientation, age, disability, familial status,
or national origin.
</ins>
<ins>(d) An employee in this state shall have a private right of action for a claim against such
employee's employer on the basis of discrimination for a violation of subsection (c) of this
Code section.
(e)(1) If the court finds that a respondent has intentionally engaged in or is intentionally
engaging in an unlawful employment practice as charged in the complaint, the court may
enjoin the respondent from engaging in such unlawful employment practice, and order
such affirmative action as may be appropriate, which may include, but shall not be
limited to, reinstatement or hiring of employees, with or without back pay, or any other
equitable relief as the court deems appropriate. Back pay liability shall not accrue from
a date more than two years prior to the filing of a claim. Interim earnings or amounts
earnable with reasonable diligence by the person or persons discriminated against shall
operate to reduce the back pay otherwise allowable.
(2) No order of the court shall require the hiring, reinstatement, or promotion of an
individual as an employee, or the payment to such individual of any back pay, if such
individual was refused admission, employment, or advancement or was suspended,
expelled, or discharged for any reason other than such individual's race, color, religion,
sex, sexual orientation, age, disability, familial status, or national origin in violation of
this Code section.
(f) This Code section shall be broadly construed to safeguard against the discrimination
prohibited in this Code section."
</ins> SECTION 4-2.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and
agencies, is amended by adding a new chapter to read as follows:
<ins>"CHAPTER 11
35-11-1.
This chapter shall be known and may be cited as the 'End Racial Profiling Act.'
35-11-2.
As used in this chapter, the term:
(1) 'Hit rate' means the percentage of stops and searches in which a law enforcement
officer finds drugs, a firearm, or other contraband that leads to an arrest. Such percentage
shall be calculated by dividing the total number of searches by the number of searches
that lead to arrests.
(2) 'Law enforcement agency' means any agency, organ, or department of this state, or
a subdivision or municipality thereof, whose primary functions include the enforcement
of criminal or traffic laws; the preservation of public order; the protection of life and
property; or the prevention, detection, or investigation of crime, including, but not limited
to, any department or unit organized by a college or university for purposes of Chapter 8
of Title 20.
(3) 'Law enforcement officer' means any agent or officer of this state, a political
subdivision or municipality of this state, an authority of this state, or a college or
university who, as a full-time or part-time employee, is vested either expressly by law or
by virtue of public employment or service with authority to enforce the criminal or traffic
laws through the power of arrest and whose duties include the preservation of public
order, the protection of life and property, or the prevention, detection, or investigation of
crime.
(4) 'Racial profiling' means the practice of a law enforcement agency or law enforcement
officer relying, to any degree, on actual or perceived race, color, religion, sex, sexual
orientation, age, disability, familial status, or national origin in selecting which individual
</ins>
<ins>to subject to routine or spontaneous investigatory activities or in deciding upon the scope
and substance of law enforcement activity following the initial investigatory procedure.
(5) 'Routine or spontaneous investigatory activities' means the following activities by a
law enforcement officer:
(A) Interviews;
(B) Traffic stops;
(C) Pedestrian stops;
(D) Frisks and other types of body searches;
(E) Consensual or nonconsensual searches of the persons, property, vehicles, or
possessions of individuals, including, but not limited to, motorists and pedestrians,
using any form of public or private transportation; or
(F) Data collection and analysis, assessments, and predicated investigations.
35-11-3.
No law enforcement officer or law enforcement agency shall engage in racial profiling.
35-11-4.
(a) All law enforcement agencies shall:
(1) Maintain adequate policies and procedures designed to eliminate racial profiling; and
(2) Cease any existing practices that permit racial profiling.
(b) The policies and procedures provided for under paragraph (1) of subsection (a) of this
Code section shall include:
(1) A prohibition on racial profiling;
(2) Training on racial profiling issues;
(3) The collection of data in accordance with regulations issued by the Attorney General;
and
</ins>
<ins>(4) Procedures for receiving, investigating, and responding meaningfully to complaints
alleging racial profiling by law enforcement officers.
(c) Beginning on July 1, 2025, and on July 1 of each year thereafter, the Attorney General
shall issue a public report based upon the data collected by the Attorney General pursuant
to this Code section for the prior calendar year. Such report shall detail for each law
enforcement agency the number of routine or spontaneous investigatory activities and the
hit rates. Such report shall disaggregate such data by race, ethnicity, and national origin.
35-11-5.
(a) The Attorney General or any individual injured by racial profiling may enforce this
chapter in a civil action for declaratory or injunctive relief filed in the superior court.
(b) In any action brought under this Code section, relief may be obtained against any:
(1) Agency, organ, or department of this state, or a subdivision or municipality thereof,
or a college or university that employed any law enforcement officer who engaged in
racial profiling;
(2) Law enforcement officer who engaged in racial profiling; or
(3) Any individual with supervisory authority over such law enforcement officer.
(c) Proof that the routine or spontaneous investigatory activities of law enforcement
officers in a jurisdiction have had a disparate impact on individuals because of such
individual's actual or perceived race, color, religion, sex, sexual orientation, age, disability,
familial status, or national origin shall constitute prima-facie evidence of a violation of this
chapter.
(d) In any action or proceeding to enforce this chapter against any agency, organ, or
department of this state, or a subdivision or municipality thereof, or a college or university,
the court may allow a prevailing plaintiff, other than the Attorney General, reasonable
attorney's fees as part of the costs and may include expert's fees as part of the attorney's
fees."
</ins>
SECTION 4-3.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,
is amended by revising Code Section 45-19-21, relating to the purposes and construction of
the "Fair Employment Practices Act of 1978," as follows:
"45-19-21.
(a) The general purposes of this article are:
(1) To provide for execution within public employment in <del>the</del> <ins>this</ins> state of the policies
embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended
by the Equal Employment Opportunity Act of 1972 (86 Stat. 103), as from time to time
amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as
from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as
from time to time amended;
(2) To safeguard all individuals in public employment from discrimination in
employment; and
(3) To promote the elimination of discrimination against all individuals in public
employment because of such individuals' <del>race, color, religion, national origin, sex,
disability, or age</del> <ins>race, color, religion, sex, sexual orientation, age, disability, familial
status, or national origin,</ins> thereby to promote the protection of their interest in personal
dignity and freedom from humiliation; to make available to <del>the</del> <ins>this</ins> state their full
productive capacities; to secure <del>the</del> <ins>this</ins> state against domestic strife and unrest which
would menace its democratic institutions; to preserve the public safety, health, and
general welfare; and to further the interests, rights, and privileges of individuals within
<del>the</del> <ins>this</ins> state.
(b) This article shall be broadly construed to further the general purposes stated in this
Code section and the special purposes of the particular provision involved.
(c) Nothing in this article shall be construed as indicating an intent to exclude local or
federal laws on the same subject matter, which laws are not inconsistent with this article.
(d) Nothing contained in this article shall be deemed to repeal any other nonconflicting law
of this state relating to discrimination because of <del>race, color, religion, national origin, sex,
disability, or age</del> <ins>race, color, religion, sex, sexual orientation, age, disability, familial status,
or national origin."
</ins> SECTION 4-4.
Said title is further amended by revising paragraph (4) of Code Section 45-19-22, relating
to definitions relative to the "Fair Employment Practices Act of 1978," as follows:
"(4) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,
restriction, segregation, limitation, refusal, denial, or any other act or practice of
differentiation or preference in the treatment of a person or persons because of <del>race,
color, religion, national origin, sex, disability, handicap, or age</del> <ins>race, color, religion, sex,
sexual orientation, age, disability, familial status, or national origin,</ins> or the aiding,
abetting, inciting, coercing, or compelling of such an act or practice. Such term shall not
include any direct or indirect act or practice of exclusion, distinction, restriction,
segregation, limitation, refusal, denial, or any other act or practice of differentiation or
preference in the treatment of a person or persons because of religion if an employer
demonstrates that the employer is unable to accommodate reasonably an employee's or
prospective employee's religious observance or practice without undue hardship on the
conduct of the employer's operation."
SECTION 4-5.
Said title is further amended by revising paragraphs (8) and (14) of Code Section 45-19-27,
relating to additional powers and duties of the administrator of the Commission on Equal
Opportunity, as follows:
"(8) To receive, initiate, investigate, seek to conciliate, and make determinations
regarding complaints alleging violations of this article and to approve or disapprove plans
required by the Governor to eliminate or reduce imbalance in employment with respect
to <del>race, color, disability, religion, sex, national origin, or age</del> <ins>race, color, religion, sex,
sexual orientation, age, disability, familial status, or national origin;"
</ins> "(14) To adopt, promulgate, amend, and rescind, subject to approval of the board and the
Governor and after giving proper notice and hearing to all public employers pursuant to
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and
regulations as may be necessary to carry out the provisions of this article, including
regulations requiring the posting or inclusion in advertising material of notices prepared
or approved by the administrator and regulations regarding the filing, approval, or
disapproval of plans to eliminate or reduce imbalance in employment with respect to <del>race,
color, disability, religion, sex, national origin, or age</del> <ins>race, color, religion, sex, sexual
orientation, age, disability, familial status, or national origin;"
</ins> SECTION 4-6.
Said title is further amended by revising Code Section 45-19-29, relating to unlawful
practices generally relative to fair employment practices, as follows:
"45-19-29.
It is an unlawful practice for an employer:
(1) To fail or refuse to hire, to discharge, or otherwise to discriminate against any
individual with respect to the individual's compensation, terms, conditions, or privileges
of employment because of such individual's <del>race, color, religion, national origin, sex,
disability, or age</del> <ins>race, color, religion, sex, sexual orientation, age, disability, familial
status, or national origin;
</ins> (2) To limit, segregate, or classify <del>his</del> <ins>such employer's</ins> employees in any way which
would deprive or tend to deprive an individual of employment opportunities or otherwise
adversely affect an individual's status as an employee because of such individual's race,
color, religion, <del>national origin,</del> sex, <ins>sexual orientation, age, disability, familial status, or
national origin</ins> <del>disability, or age;</del> or
(3) To hire, promote, advance, segregate, or affirmatively hire an individual solely
because of race, color, religion, <del>national origin,</del> sex, <ins>sexual orientation, age, disability,
familial status, or national origin</ins> <del>disability, or age,</del> but this paragraph shall not prohibit
an employer from voluntarily adopting and carrying out a plan to fill vacancies or hire
new employees in a manner to eliminate or reduce imbalance in employment with respect
to <del>race, color, disability, religion, sex, national origin, or age</del> <ins>race, color, religion, sex,
sexual orientation, age, disability, familial status, or national origin</ins> if the plan has first
been filed with the administrator for review and comment for a period of not less than 30
days."
SECTION 4-7.
Said title is further amended by revising Code Section 45-19-30, relating to unlawful
practices in training or apprenticeship programs, as follows:
"45-19-30.
It is an unlawful practice for an employer controlling apprenticeship or other training or
retraining, including on-the-job training programs, to discriminate against an individual
because of such individual's race, color, religion, <del>national origin,</del> sex, <ins>sexual orientation,
age, disability, familial status, or national origin</ins> <del>disability, or age</del> in admission to or
employment in any program established to provide apprenticeship or other training or to
discriminate by allowing admission or promotion to an apprenticeship or training program
solely because of <del>race, color, religion, national origin, sex, disability, or age</del> <ins>race, color,
religion, sex, sexual orientation, age, disability, familial status, or national origin."
</ins>
SECTION 4-8.
Said title is further amended by revising Code Section 45-19-31, relating to unlawful
practices in advertisement of employment, as follows:
"45-19-31.
It is an unlawful practice for an employer to print or publish or cause to be printed or
published a notice or advertisement relating to employment by such an employer indicating
any preference, limitation, specification, or discrimination based on race, color, religion,
<del>national origin,</del> sex, <ins>sexual orientation, age, disability, familial status, or national origin
</ins> <del>disability, or age,</del> except that such a notice or advertisement may indicate a preference,
limitation, or specification based on <del>race, color,</del> religion, <del>national origin,</del> sex, <ins>sexual
orientation, age, disability, or national origin</ins> <del>disability, or age</del> when religion, <del>national
origin,</del> sex, <ins>sexual orientation, age, disability, or national origin</ins> disability, or age is a bona
fide occupational qualification for employment."
SECTION 4-9.
Said title is further amended by revising Code Section 45-19-33, relating to different
standards of compensation or different terms and conditions of employment where not based
on race, color, religion, sex, national origin, disability, or age, as follows:
"45-19-33.
It is not an unlawful practice for an employer to apply different standards of compensation
or different terms, conditions, or privileges of employment pursuant to a bona fide seniority
or merit system, or a system which measures earnings by quantity or quality of production,
or to employees who work in different locations, provided that such differences are not the
result of an intention to discriminate because of <del>race, color, religion, national origin, sex,
disability, or age</del> <ins>race, color, religion, sex, sexual orientation, age, disability, familial status,
or national origin;</ins> nor is it an unlawful practice for an employer to give and to act upon the
results of any professionally developed ability test, provided that such test, its
administration, or action upon the results thereof is not designed, intended, or used to
discriminate because of <del>race, color, religion, national origin, sex, disability, or age</del> <ins>race,
color, religion, sex, sexual orientation, age, disability, familial status, or national origin."
</ins> SECTION 4-10.
Said title is further amended by revising subsections (b) and (c) of Code Section 45-19-35,
relating to use of quotas because of imbalances in employee ratios prohibited, grants of
preferential treatment to certain individuals or groups not required by the "Fair Employment
Practices Act of 1978," adoption of plans required by Governor to reduce imbalance, and
effect of the "Fair Employment Practices Act of 1978" upon certain employment practices,
as follows:
"(b) Nothing contained in this article requires an employer to grant preferential treatment
to an individual or to a group because of the race, color, religion, <del>national origin,</del> sex,
<ins>sexual orientation, age, disability, familial status, or national origin,</ins> <del>disability, or age</del> of the
individual or group on account of an imbalance which may exist with respect to the total
number or percentage of persons of any race, color, religion, <del>national origin,</del> sex, <ins>sexual
orientation, age, disability, familial status, or national origin</ins> disability, or age in the <ins>in this
</ins> state or a community, section, or other area or in the available <del>work force</del> <ins>workforce</ins> in <del>the
</del> <ins>this</ins> state or a community, section, or other area.
(c) It is specifically provided that neither subsection (a) nor (b) of this Code section nor
any other provision of this article shall prohibit an employer from adopting or carrying out
a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance
in employment with respect to race, color, <del>disability,</del> religion, sex, <del>national origin,</del> <ins>sexual
orientation, age, disability, familial status, or national origin</ins> <del>or age</del> if such plan is required
by the Governor and filed with and approved by the administrator prior to its final adoption
and implementation."
SECTION 4-11.
Said title is further amended by revising paragraph (7) of subsection (c) of Code
Section 45-19-38, relating to findings, conclusions, and order of hearing officer generally and
order to cease and desist from unlawful practice and to take remedial action, as follows:
"(7) Recommending to the Governor that the respondent be required to adopt and file
with the administrator, within a specified time limitation, for the administrator's approval
a plan to fill vacancies or hire new employees in a manner to eliminate or reduce
imbalance in employment with respect to race, color, <del>disability,</del> religion, sex, <del>national
origin,</del> <ins>sexual orientation, age, disability, familial status, or national origin</ins> <del>or age."
</del> SECTION 4-12.
Said title is further amended by revising paragraph (1) of subsection (b) of Code
Section 45-20-1, relating to purposes and principles relative to personnel administration of
public officers and employees, as follows:
"(1) Assuring fair treatment of applicants and employees in all aspects of personnel
administration without regard to <del>race, color, national origin, sex, age, disability, religious
creed,</del> <ins>race, color, religion, sex, sexual orientation, age, disability, familial status, or
national origin,</ins> or political affiliations. This 'fair treatment' principle includes compliance
with all state and federal equal employment opportunity and nondiscrimination laws;"
SECTION 4-13.
Said title is further amended by revising paragraph (2) of Code Section 45-20-4, relating to
duties and responsibilities of commissioner relative to personnel administration, as follows:
"(2) To submit to the Governor the rules and regulations adopted by the board. Such
rules and regulations when approved by the Governor shall have the force and effect of
law and shall be binding upon the state departments covered by this article and shall
include provisions for the establishment and maintenance of classification and
compensation plans, the conduct of examinations, appointments, promotions, transfers,
demotions, appeals of classified employees, reports of performance, payroll certification,
and other phases of personnel administration. Such rules and regulations shall define and
prohibit improper political activity by any departmental employee of the State Personnel
Board or any employee covered under the terms of this article and shall provide that there
shall be no discrimination for or against any person or employee in any manner, to
include, but not be limited to, hiring, discharge, compensation, benefits, terms or
conditions of employment, promotion, job classification, transfer, privileges, or demotion
because of political affiliation, religious affiliation, race, <ins>color,</ins> creed, national origin, sex,
<ins>sexual orientation, disability, familial status, or</ins> age between 40 and 70 years, <del>or physical
disability.</del> Such rules and regulations shall conform to the minimum standards for merit
systems of personnel administration as specified by those federal departments from which
federal funds are obtained for use by the several state departments covered by this article.
Compensation plans and modifications thereto promulgated under the rules and
regulations of the commissioner shall become effective as adopted upon approval <del>of</del> <ins>by
</ins> the director of the Office of Planning and Budget;"
SECTION 4-14.
Said title is further amended by revising subparagraph (C) of paragraph (3) of Code
Section 45-20-51, relating to definitions relative to voluntary deductions from wages or
salaries of state employees for benefit of charitable organizations, as follows:
"(C) Observes a policy and practice of nondiscrimination on the basis of race, color,
religion, sex, <del>national origin, or disability,</del> <ins>sexual orientation, age, disability, familial
status, or national origin,</ins> and such policy is applicable to persons served by the agency,
to agency staff employment, and to membership on the agency's governing board; and"
SECTION 4-15.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
in Article 2 of Chapter 21, relating to state tort reforms, by adding a new Code section to read
as follows:
<ins>"50-21-38.
The defense of sovereign immunity is waived as to any claim, counterclaim, cross-claim,
or third-party claim brought in the courts of this state by an aggrieved person seeking a
declaratory judgment, injunctive relief, or reasonable attorney's fees against the state or any
political subdivision thereof under Chapter 11 of Title 35; provided, however, that
sovereign immunity shall not be waived as to any claim for monetary damages that are
included in or related to such claim, counterclaim, cross-claim, or third-party claim. This
Code section shall not be construed to alter or amend any other waiver of sovereign
immunity provided by law."
</ins> PART V
SECTION 5-1.
This Act shall become effective on January 1, 2026.
SECTION 5-2.
All laws and parts of laws in conflict with this Act are repealed.