SB 396: Labor and Industrial Relations; retaliatory actions by certain employers against certain employees for disclosing potentially unlawful activities; prohibit

Currently Georgia law does not have a specific whistleblower protection for private and public employees who report suspected wrongdoing by their employer. This bill adds a new section to Georgia's labor code (O.C.G.A. Title 34, Chapter 1) that prohibits employers from taking 'retaliatory action' against an employee who discloses, or threatens to disclose, information about an employer activity the employee believes in good faith violates state or federal law or poses a danger to health or safety. The protection covers disclosures made to a public body investigating a matter, in court or administrative hearings, to government or law enforcement agencies, or internally to a supervisor or officer. It defines who counts as an employer and employee, including certain contract workers and physicians at state-funded medical facilities, and lists actions such as blacklisting a worker or threatening to report someone's immigration status as forms of retaliation. Some conduct, like following a specific legal requirement, is excluded from the ban.

• Adds a new Code section (34-1-11) making it illegal for employers to retaliate against employees who report suspected legal violations or safety dangers.
• Defines 'retaliatory action' broadly to include adverse job actions, interference with future employment, and threats to report an employee's immigration status.
• Extends whistleblower protection to disclosures made to public bodies, courts, government or law enforcement agencies, or internal supervisors and officers.
• Covers a wide range of employers, including private businesses, government agencies, school districts, and public colleges and universities.
• Excludes from the retaliation ban actions taken at the federal government's direction, good-faith reference checks, or conduct required by law.
• Repeals any existing state laws that conflict with these new protections.

Employees across Georgia's private and public sectors, including those working for state agencies, school districts, colleges, and local governments, as well as physicians at state-funded medical facilities. Employers of all these workers would face new restrictions on how they can respond to employee reports of suspected wrongdoing.

Workers who see potential legal violations, health hazards, or safety risks at work could report them to authorities or supervisors without fear of being fired, demoted, blacklisted, or threatened with immigration reporting, giving them new legal protection they do not currently have under Georgia law.

• Section 1 adds O.C.G.A. § 34-1-11, defining key terms including 'employee,' 'employer,' 'public body,' 'retaliatory action,' and 'supervisor.'
• Subsection (b)(1) bars retaliation against employees who disclose employer misconduct to a public body during an investigation or in a legal proceeding.
• Subsection (b)(2) bars retaliation for disclosures made directly to a government or law enforcement agency.
• Subsection (b)(3) bars retaliation for internal disclosures to a supervisor, officer, board member, or a contracting organization's supervisor.
• The definition of retaliatory action specifically includes threatening to report an employee's or their family's immigration status.
• Certain conduct is excluded from the retaliation ban, including actions required by state or federal law or done at the federal government's direction.
• Section 2 repeals any conflicting state laws.

1. 2026-01-14Senate Read and Referred (Senate)
2. 2026-01-13Senate Hopper (Senate)

• Josh McLaurin (D, SD-014)Primary sponsor
• Harold Jones (D, SD-022)
• Kim Jackson (D, SD-041)
• Nan Orrock (D, SD-036)
• Freddie Sims (D, SD-012)
• Nikki Merritt (D, SD-009)
• Sheikh Rahman (D, SD-005)
• Kenya Wicks (D, SD-034)
• RaShaun Kemp (D, SD-038)

• whistleblower protection
• employee rights
• labor law
• workplace retaliation
• immigration status reporting