Senate · Introduced · 2025-2026 Regular Session

SB396: SB396 Labor and Industrial Relations; retaliatory actions by certain employers against certain employees for disclosing potentially unlawful activities; prohibit

Last action January 14, 2026 · Senate Read and Referred

A Georgia Senate bill would make it illegal for employers to punish employees who report suspected illegal activity, safety hazards, or health risks to government agencies, courts, or supervisors.

In plain language

Georgia law currently has no general whistleblower protection covering private and public employers alike. This bill would add a new section to Georgia's labor code (O.C.G.A. § 34-1-11) that bars employers from taking retaliatory action against an employee who discloses, or threatens to disclose, information about the employer's activities, policies, or practices if the employee has a good faith belief that the conduct violates state or federal law or poses a substantial danger to employees, public health, or safety. The protection applies whether the disclosure goes to a public body investigating a matter, a court or administrative hearing, a government or law enforcement agency, or an internal supervisor, officer, or board member. The bill defines key terms broadly, including 'employer' (covering private businesses, government units, school districts, and colleges), 'retaliatory action' (including threats to contact immigration authorities or interfere with future employment), and exceptions such as conduct required by federal law. The bill repeals conflicting laws but does not state a separate effective date.

What the bill does

Creates a new whistleblower protection law (O.C.G.A. § 34-1-11) barring employers from retaliating against employees who report suspected illegal conduct or safety and health dangers.
Covers disclosures made to public bodies, courts, administrative hearings, government or law enforcement agencies, and internal supervisors or board members.
Defines 'retaliatory action' to include firing, demotion, blacklisting a former employee, or threatening to report an employee's or their family's immigration status to authorities.
Extends the definition of 'employee' to include certain licensed physicians working at publicly funded health care facilities.
Applies to a broad range of employers, including private businesses, state agencies, school districts, colleges, and local governments.
Carves out exceptions for conduct done at the federal government's specific direction, truthful job references given in good faith, and conduct required by law.

Who it affects

The bill affects private and public sector employees across Georgia, including physicians at publicly funded health facilities, and employers of all kinds, including businesses, school districts, colleges, universities, state agencies, and local governments that must avoid retaliating against workers who report suspected wrongdoing or safety hazards.

Why it matters

Employees who see potential legal violations or safety dangers at work would gain legal protection from being fired, demoted, blacklisted, or otherwise punished for reporting them internally or to authorities, potentially making workers more willing to come forward without fear of losing their jobs.

Key provisions

Section 1 adds new Code section 34-1-11 defining 'employer,' 'employee,' 'public body,' 'retaliatory action,' and 'supervisor' for purposes of the new protections.
Subsection (a)(5) defines 'retaliatory action' to include threats to contact immigration authorities about an employee or their family, while excluding conduct required by law or good faith job references.
Subsection (b)(1) bars retaliation against employees who disclose employer misconduct to a public body during an investigation, court case, or administrative proceeding.
Subsection (b)(2) bars retaliation against employees who disclose employer misconduct to a government or law enforcement agency.
Subsection (b)(3) bars retaliation against employees who disclose employer misconduct internally to a supervisor, principal officer, board member, or a contracting organization's supervisor.
Section 2 repeals any conflicting Georgia laws.

Status timeline

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

Topics

whistleblower protection
employment law
workplace retaliation
labor rights
government accountability