---
title: SB 396. Labor and Industrial Relations; retaliatory actions by certain employers against certain employees for disclosing potentially unlawful activities; prohibit
collection: bills
id: 2025-2026/sb396
cite_as: SB 396, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb396
md_url: https://georgiacommons.org/bills/2025-2026/sb396.md
text_url: https://georgiacommons.org/bills/2025-2026/sb396/text
source_url: https://www.legis.ga.gov/legislation/72203
date: 2026-01-14
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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previous: https://georgiacommons.org/bills/2025-2026/sb395.md
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb396.md?full=1
bill_number: SB 396
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-01-13
last_action: Senate Read and Referred
sponsors:
- Josh McLaurin
- Harold Jones
- Kim Jackson
- Nan Orrock
- Freddie Sims
- Nikki Merritt
- Sheikh Rahman
- Kenya Wicks
- RaShaun Kemp
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB396/2025
upstream_id: 2074038
summaries_model: claude-sonnet-5
topic_tags:
- whistleblower protection
- employee rights
- labor law
- workplace retaliation
- immigration status reporting
---
# SB 396. Labor and Industrial Relations; retaliatory actions by certain employers against certain employees for disclosing potentially unlawful activities; prohibit
## Text
Senate Bill 396
By: Senators McLaurin of the 14th, Jones II of the 22nd, Jackson of the 41st, Orrock of the
36th, Sims of the 12th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to
general provisions regarding labor and industrial relations, so as to prohibit retaliatory
actions by certain employers against certain employees for disclosing potentially unlawful
activities; to provide for definitions; 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 1 of Title 34 of the Official Code of Georgia Annotated, relating to general
provisions regarding labor and industrial relations, is amended by adding a new Code section
to read as follows:
"34-1-11.
(a) As used in this Code section, the term:
(1) 'Adverse employment action' means an action that a reasonable employee would find
materially adverse.
(2) 'Employee' means:
(A) Any individual permitted to work by an employer unless the individual:
(i) Has been and will continue to be free from control and direction over the
performance of his or her work, both under his or her contract of service with his or
her employer and in fact;
(ii) Performs work which is either outside the usual course of business or is
performed outside all of the places of business of the employer unless the employer
is in the business of contracting with parties for the placement of employees; and
(iii) Is in an independently established trade, occupation, profession, or business; and
(B) A licensed physician who practices his or her profession, in whole or in part, at a
hospital, nursing home, clinic, or any medical facility that is a healthcare facility
funded, in whole or in part, by this state.
(3) 'Employer' means an individual, sole proprietorship, partnership, firm, corporation,
association, or any other entity that has one or more employees in this state, including a
political subdivision of the state; a unit of local government; a school district,
combination of school districts, or governing body of a joint agreement of any type
formed by two or more school districts; a community college district, state college or
university, or any state agency whose major function is providing educational services;
any authority including a department, division, bureau, board, commission, or other
agency of these entities; and any person acting within the scope of his or her authority,
express or implied, on behalf of those entities in dealing with its employees.
(4) 'Public body' means this state, any officer, board, political subdivision, or
commission of this state, any institution supported in whole or in part by public funds,
units of local government, and school districts.
(5) 'Retaliatory action' means:
(A) Adverse employment action or the threat of adverse employment action by an
employer or his or her agent to penalize or any nonemployment action that would
dissuade a reasonable worker from disclosing information under this Code section.
(B) Such term includes, but is not limited to:
(i) Taking, or threatening to take, any action that would intentionally interfere with
an employee's ability to obtain future employment or post-termination retaliation to
intentionally interfere with a former employee's employment; or
(ii) Contacting, or threatening to contact, United States immigration authorities, or
otherwise reporting, or threatening to report, an employee's suspected or actual
citizenship or immigration status or the suspected or actual citizenship or immigration
status of an employee's family or household member to a federal, state, or local
agency.
(C) Such term shall not include:
(i) Conduct undertaken at the express and specific direction or request of the federal
government;
(ii) Truthful, performance related information about an employee or former employee
provided in good faith to a prospective employer at the request of the prospective
employer; or
(iii) Conduct undertaken if specifically required by state or federal law.
(7) 'Supervisor' means any individual who has the authority to direct and control the
work performance of the affected employee or any individual who has managerial
authority to take corrective action regarding a violation of the law, rule, or regulation
disclosed by an employee.
(b)(1) An employer may not take retaliatory action against an employee who discloses
or threatens to disclose to a public body conducting an investigation, or in a court, an
administrative hearing, or any other proceeding initiated by a public body, information
related to an activity, policy, or practice of the employer, where the employee has a good
faith belief that the activity, policy, or practice violates a state or federal law, rule, or
regulation or poses a substantial and specific danger to employees, public health, or
safety.
(2) An employer may not take retaliatory action against an employee for disclosing or
threatening to disclose information to a government or law enforcement agency
information related to an activity, policy, or practice of the employer, where the employee
has a good faith belief that the activity, policy, or practice of the employer violates a state
or federal law, rule, or regulation or poses a substantial and specific danger to employees,
public health, or safety.
(3) An employer may not take retaliatory action against an employee for disclosing or
threatening to disclose to any supervisor, principal officer, board member, or supervisor
in an organization that has a contractual relationship with the employer who makes the
employer aware of the disclosure, information related to an activity, policy, or practice
of the employer if the employee has a good faith belief that the activity, policy, or
practice violates a state or federal law, rule, or regulation or poses a substantial and
specific danger to employees, public health, or safety."
SECTION 2.
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.
A Georgia Senate bill would bar employers from retaliating against employees who report suspected illegal activity, health or safety dangers to authorities, supervisors, or in legal proceedings.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- Section 1 adds O.C.G.A. ยง 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.
## Status
- Status: Introduced (2026-01-13)
- Last action: Senate Read and Referred (2026-01-14)
- Sponsors: Josh McLaurin, Harold Jones, Kim Jackson, Nan Orrock, Freddie Sims, Nikki Merritt, Sheikh Rahman, Kenya Wicks, RaShaun Kemp
- Official page: https://www.legis.ga.gov/legislation/72203
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb396.md?full=1