Georgia Hiring laws & HR compliance analysis

Georgia Hiring: What you need to know

The Georgia Age Discrimination Act prohibits hiring practices that discriminate against individuals who are between the ages of 40 and 70 (GA Code Sec. 34-1-2). The Act covers all public and private employers, regardless of size. The state has no other comprehensive fair employment law that covers private employers.
The state's Equal Employment for Persons with Disabilities Code prohibits hiring practices that discriminate on the basis of disability and covers public and private employers with 15 or more employees (GA Code Sec. 34-6A-2).
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Equal pay. The state's Equal Pay Act requires employers to pay employees of the opposite sex equal wages for equal work (GA Code Sec. 34-5-1). The law applies to all public employers and private employers with 10 or more employees.
State agencies only. The Georgia Fair Employment Practices Act prohibits hiring practices that discriminate on the basis of race, color, disability, religion, sex, national origin, or age (GA Code Sec. 45-19-20 et seq.). The Act covers any state agency that has 15 or more employees; it does not cover private employers.
Bankruptcy. The federal bankruptcy code prohibits public employers from discriminating against applicants or employees solely because they have filed for bankruptcy protection. The code also prohibits private employers from discriminating against employees solely because they have filed for bankruptcy protection. However, the 11th Circuit Court of Appeals has ruled that the federal bankruptcy code does not prevent a private employer from refusing to hire a prospective employee because he or she previously filed for bankruptcy protection (Myers v. TooJay's Mgmt. Corp., 640 F.3d 1278 (11th Cir. 2011)).
Public employers and public contractors are required to verify a newly hired employee's legal eligibility to work in the United States. Covered employers and contractors must participate in the federal employment verification program, known as "E-Verify." There are details and additional information.

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