House Bill 914
By: Representatives Lupton of the 83rd, Campbell of the 35th, Cummings of the 39th, and Lim
of the 98th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 34 of the Official Code of Georgia Annotated, relating to sex
discrimination in employment, so as to authorize the Commissioner of Labor to ensure that
certain employees receive comparable pay for comparable work in jobs which require
comparable skill, effort, and responsibility; to provide for powers and duties of the
Commissioner; to provide for consent orders, administrative orders, hearings, penalties, and
judicial review; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 34 of the Official Code of Georgia Annotated, relating to sex
discrimination in employment, is amended by revising Code Section 34-5-4, relating to
powers and authority of Commissioner under chapter, as follows:
"34-5-4.
(a) The Commissioner shall have the power and it shall be his <ins>or her</ins> duty to carry out <ins>the
provisions of</ins> this chapter; and for this purpose the Commissioner or his <ins>or her</ins> authorized
representative shall have the power to:
(1) <del>Assist any employer to ensure</del> <ins>Ensure</ins> that all employees are receiving comparable
pay for comparable work in jobs which require comparable skill, effort, and
responsibility;
(2) <del>Assist any employer so that</del> <ins>Review</ins> the character of the work and operations <del>on
which persons are employed can be compared</del> <ins>of any employer,</ins> <del>to</del> question <del>such persons
</del> <ins>any employer or employee,</ins> and <del>to</del> obtain such other information as is reasonably
necessary for the administration and enforcement of this chapter; and
(3) Eliminate pay practices unlawful under this chapter by informal methods of
conference, conciliation, and persuasion, <ins>provided that the remedy obtained through such
methods may be set out in a written consent order and signed by both the Commissioner
and the violator or violators; provided, however, that, in case such methods fail to correct
or remedy such practices, the Commissioner may issue an administrative order as
provided in subsection (d) of this Code section.
</ins> (b) The Commissioner is authorized to request witnesses to appear and to produce
pertinent records for examination by the Commissioner or his <ins>or her</ins> authorized
representative in the county of the place of business of the employer and such witnesses
shall be paid the same fees as are allowed witnesses attending the superior courts of this
state. In the event of failure of a person to attend, testify, or produce records voluntarily,
the Commissioner may make application to the superior court of the county in which the
business is located and, after notice and hearing, the court, in its discretion, and upon
proper cause shown, may issue an order requiring the person to appear before the
Commissioner or his <ins>or her</ins> authorized representative and testify or produce records as
requested by the Commissioner.
(c) The Commissioner shall have the authority to issue such rules and regulations
appropriate to the carrying out of this chapter.
<ins>(d) The Commissioner shall have the authority to issue an administrative order directing
a violator or violators to comply with the provisions of this chapter. Such order shall
</ins>
<ins>specify the provision or provisions of this chapter or rule or regulation alleged to have been
violated and shall order that necessary corrective action be taken within a reasonable time
to be prescribed in such order. Such order shall become final unless the person or persons
named therein request in writing a hearing no later than 30 days after such order is served
on such person or persons. After such hearing, the Commissioner may issue a final order
imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner
determines that any person has violated any provision of this chapter, any rule or regulation
promulgated under this chapter, or any order issued pursuant to this chapter. The hearing
and any administrative review thereof shall be conducted in accordance with the procedure
for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.' Any person that has exhausted all administrative remedies available and that is
aggrieved or adversely affected by a final order or action of the Commissioner shall have
the right of judicial review thereof in accordance with Chapter 13 of Title 50. All penalties
recovered under this Code section shall be paid into the state treasury."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.