Georgia Commons

Official Code of Georgia Annotated

Title 45. PUBLIC OFFICERS AND EMPLOYEES · Chapter 19. LABOR PRACTICES · Article 2. FAIR EMPLOYMENT PRACTICES

45-19-44. Unlawful practices punishable by civil fine.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    It shall be an unlawful practice for a person willfully to:#

    1. (1)

      Make public with respect to a particular employer or person without the employer’s or person’s consent information obtained by the administrator or the administrator’s representatives or employees pursuant to their authority under Code Section 45-19-41, except as shall reasonably be necessary to carry out the provisions of this article;#

    2. (2)

      Retaliate or discriminate in any manner against a person because the person has opposed a practice declared unlawful by this article or because the person has made a charge, filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing concerning an unlawful practice under this article;#

    3. (3)

      Aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this article;#

    4. (4)

      Obstruct or prevent a person from complying with this article or with any order issued under this article;#

    5. (5)

      Resist, prevent, impede, or interfere with the administrator, or any of the administrator’s representatives or employees, or with a hearing officer in the lawful performance of a duty under this article. Such unlawful practice may include, but shall not be limited to, willfully neglecting or failing to comply or to fully comply with a subpoena or other lawful order to:#

      1. (A)

        Attend and testify at any hearing or deposition;#

      2. (B)

        Answer any lawful inquiry; or#

      3. (C)

        Produce records, documents, or other requested evidence;#

      4. provided, however, that it shall not be a violation of this article for anyone to challenge or resist any action by the administrator, or any of the administrator’s representatives or employees, or by a hearing officer when there is a good faith belief that the administrator is, the administrator’s representatives or employees are, or the hearing officer is acting unlawfully or acting in excess of statutory authority; or

    6. (6)

      Initiate frivolous and unwarranted charges of discrimination against a public employer.#

  2. (b)

    A violation of this Code section shall not be deemed a crime; but any person who willfully violates this Code section may be punished by a civil fine not to exceed $1,000.00.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1978, p. 859, § 24; Ga. L. 1983, p. 1097, § 1; Ga. L. 1984, p. 22, § 45; Ga. L. 1992, p. 6, § 45; Ga. L. 2024, p. 103, § 10/HB 563, effective July 1, 2024; Ga. L. 2025, p. 1029, § 45(3)/SB 153, effective July 1, 2025.

Amendments

The 2024 amendment, effective July 1, 2024, inserted “representatives or” in paragraph (a)(1); and rewrote paragraph (a)(5), which read: “Resist, prevent, impede, or interfere with the administrator or any of his representatives, employees, or with a special master in the lawful performance of duty under this article; provided, however, that it shall not be a violation of this article for anyone to challenge or resist any action by the administrator or any of his employees or by a special master when there is a good faith belief that the administrator is, or his employees are, or the special master is acting unlawfully or acting in excess of statutory authority; or”. The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, revised punctuation at the end of paragraph (a)(5).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t45-(v33)-pdf.pdf, Volume V33, 2016 edition, 2025 supplement, pages 146 to 147; merge action: replaced; file SHA-256 ec9f1ae9c82d.

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