Georgia does not have a comprehensive antidiscrimination law that covers private employers. However, it does have separate laws that prohibit employers from discriminating on the basis of age or disability.
The Georgia Age Discrimination Act prohibits employment practices that discriminate against individuals between the ages of 40 and 70 on the basis of age (GA Code Sec. 34-1-2). Asking applicants direct questions about age would likely violate the Act, unless the reasonable demands of the position require an age distinction. Violations of the Act are considered misdemeanors. The Act covers all employers.
The Equal Employment for Persons with Disabilities Code prohibits employment practices that discriminate on the basis of disability and allows questions about disabilities only if job related. The Code covers employers with 15 or more employees (GA Code Sec. 34-6A-1 et seq.).
Georgia's Fair Employment Practices Act prohibits employment practices that discriminate on the basis of race, color, religion, national origin, sex, disability, or age. The Act covers public employers with 15 or more employees; it does not cover private employers (GA Code Sec. 45-19-20 et seq.). Covered employers should not ask applicants about any of these characteristics, either on an application form or in a job interview, unless the characteristic is a bona fide occupational qualification.
State law requires nursing homes to conduct criminal background checks before hiring employees. Under the law, each employment application form must conspicuously state the following (GA Code Sec. 31-7-259, Sec. 31-7-351):
“FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A ...