HB 311: Advancing Fair Employment for All Ages Act; enact

House Bill 311

By: Representatives Schofield of the 63rd, McClain of the 109th, Scott of the 76th, and Davis of the 87th

A BILL TO BE ENTITLED

AN ACT

To amend Code Section 34-1-2 of the Official Code of Georgia Annotated, relating to prohibition of age discrimination in employment, so as to change the age of individuals protected by such prohibition; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Advancing Fair Employment for All Ages Act."

SECTION 2.

Code Section 34-1-2 of the Official Code of Georgia Annotated, relating to prohibition of age discrimination in employment, is amended by revising subsection (a) as follows: "(a) No person, firm, association, or corporation carrying on or conducting within this state any business requiring the employment of labor shall refuse to hire, employ, or license nor shall such person, firm, association, or corporation bar or discharge from employment any individual between the ages of 40 and 70 years 40 years of age or older, solely upon the ground basis of age, when the reasonable demands of the position do not require such an age distinction, provided that such individual is qualified physically, mentally, and by training and experience to perform satisfactorily the labor assigned to him or her or for which he or she applies. Nothing in this Code section shall affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of this Code section. When the retirement or insurance benefit program of any employer shall lawfully prohibit the employment of any person because of excessive age, such person shall have the authority, as a condition of employment, to waive the right to participate in any such program and receive any benefits therefrom. Nothing in this Code section shall be construed to prohibit compulsory retirement of any employee who has attained 65 years of age but not 70 years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans, of the employer of such employee, which equals, in the aggregate, at least $27,000.00."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.