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Job discrimination occurs when an employer treats an employee or job applicant unfavorably because of characteristics such as race, color, religion, sex (including pregnancy, sexual orientation or gender identity), national origin, age (if 40 or older), disability, or genetic information. In Georgia, job discrimination is regulated by both federal and state laws. While federal protections are broad, Georgia’s state laws may not cover as many categories or offer the same level of protection. Understanding your rights is crucial to identifying and addressing discrimination in the workplace.
Many people encounter situations where they may require professional legal advice or representation after facing job discrimination. Common scenarios include being fired, demoted, not hired, passed over for promotion, or harassed at work because of a protected characteristic. Sometimes employers retaliate against employees for making discrimination complaints. Navigating the complexities of employment law, gathering evidence, and meeting strict filing deadlines can be daunting without expert help. A lawyer can guide you through filing complaints, negotiating settlements, or pursuing legal claims in court.
Georgia does not have a comprehensive state anti-discrimination law, so most workplace discrimination claims rely on federal protections such as those in Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. However, the Georgia Fair Employment Practices Act offers limited protection for public employees regarding race, color, religion, national origin, sex, disability, or age. The Georgia Commission on Equal Opportunity addresses discrimination involving state agencies only. For private sector employees, most discrimination claims must be filed with the federal Equal Employment Opportunity Commission (EEOC), which enforces federal job discrimination laws.
Job discrimination includes any adverse action against an employee or applicant because of race, color, religion, sex, national origin, age, disability, or genetic information. This can include firing, refusal to hire, demotion, unequal pay, or workplace harassment.
Most federal laws apply to employers with 15 or more employees. The Age Discrimination in Employment Act applies to workplaces with 20 or more employees. Georgia’s limited state law covers only certain public employers.
You generally have 180 days from the date of the discriminatory act to file a charge with the EEOC. Some circumstances extend this to 300 days, but it is best to act quickly.
Most complaints start by filing a charge with the EEOC. The agency will investigate and may try to mediate or resolve your claim. If unresolved, you may receive a “Notice of Right to Sue,” which allows you to file a lawsuit.
Federal and Georgia laws generally protect employees, not independent contractors. If you are unsure of your employment status, a lawyer can help clarify your rights.
It is illegal for employers to retaliate against employees who file a discrimination claim or cooperate in investigations. Retaliation may include termination, demotion, or other adverse actions.
Yes, workplace harassment based on a protected characteristic is a form of discrimination, particularly if it creates a hostile or offensive work environment.
You must first file a charge with the EEOC or the appropriate agency before filing a discrimination lawsuit. Once the agency process is complete, you may pursue legal action in court.
Possible remedies include back pay, reinstatement, promotion, compensation for emotional distress, and sometimes punitive damages. Attorney’s fees may also be recoverable in certain cases.
Several agencies and organizations offer free or low-cost support to people experiencing job discrimination. See the section below for suggestions.
Federal and state resources are available in Georgia to assist individuals with job discrimination concerns:
If you believe you have experienced job discrimination in Georgia, consider the following steps:
Take action as soon as possible to protect your rights, as important deadlines apply to most discrimination claims. Consulting a legal professional early can improve your chances of reaching a positive resolution.
