Georgia Age Discrimination laws & HR compliance analysis

Georgia Age Discrimination: What you need to know

The Georgia Age Discrimination Act prohibits employment practices that discriminate on the basis of age (between 40 and 70 years) unless the reasonable demands of the job in question require an age distinction (GA Code Sec. 34-1-2). The Act covers all private employers.
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The law permits employers to implement a retirement policy or system, provided the policy or system was not created to evade the law. If a retirement or insurance benefit program prohibits employment when an employee reaches a certain age, the employee has the authority to waive participation in the program as a condition of employment.
Unlike the Georgia state law, the federal Age Discrimination in Employment Act (ADEA) has no upper age limit. The ADEA covers all federal employers and private employers with 20 or more employees, including state and local governments. Employers covered by both state and federal law must comply with the more expansive federal law (i.e., may not discriminate against anyone who is at least 40 years old).
State law permits an employer to require mandatory retirement for an employee who is at least 65 years of age, but not yet 70, if the employee:
• Has been employed in a bona fide executive or high policy-making position for the 2-year period immediately before retirement; and
• Is entitled to an immediate, nonforfeitable retirement benefit from a pension, profit sharing, savings, or deferred compensation plan of the current employer that totals at least $27,000 annually. (Note: The annual minimum under federal law is $44,000. Employers subject to federal law must comply with that figure.)
The Georgia Fair Employment Practices Act prohibits ...

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