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Georgia Workplace Discrimination Laws: Federal Protections Only

Georgia has NO state anti-discrimination law. Unlike most states, Georgia provides zero state-level employment discrimination protections. Georgia workers rely entirely on federal anti-discrimination laws (Title VII, ADA, ADEA, GINA) for protection.

This creates a critical protection gap: If you work for an employer with fewer than 15 employees (or 20 for age discrimination), you have NO discrimination protection whatsoever in Georgia. Federal laws don’t apply to small employers, and Georgia has no state law to fill the gap.

If you’ve experienced workplace discrimination in Georgia, understanding which federal protections apply—and Georgia’s lack of state protections—is critical to knowing your rights.

Georgia’s Lack of State Anti-Discrimination Law

No State Civil Rights Act

Georgia is one of the few states with NO comprehensive state employment discrimination law.

States with NO state employment discrimination law:

  • Georgia ❌
  • Alabama ❌
  • Arkansas ❌
  • Mississippi ❌

What this means: Georgia workers cannot file discrimination claims with a state agency. There is no “Georgia Civil Rights Commission” or “Georgia Department of Human Rights.” All discrimination claims must be filed with federal EEOC.

Contrast with other states:

  • California: FEHA covers 5+ employees, broader protections, no damage caps
  • Illinois: IHRA covers 1+ employees, broader protections, no damage caps
  • Ohio: OCRA covers 4+ employees
  • Pennsylvania: PHRA covers 4+ employees
  • New York: NYSHRL covers 4+ employees
  • Texas: No state law (like Georgia)
  • Florida: FCRA covers 15+ employees (mirrors federal, minimal advantage)

Georgia and Texas are the two largest states with NO state employment discrimination law.

Critical Protection Gap for Small Employers

If you work for an employer with fewer than 15 employees in Georgia, you have NO discrimination protection:

  • Federal Title VII requires 15+ employees (race, sex, religion, national origin, pregnancy)
  • Federal ADA requires 15+ employees (disability)
  • Federal ADEA requires 20+ employees (age 40+)
  • Georgia has NO state law covering smaller employers

Example: You work for a 10-person company in Atlanta. Your boss fires you because of your race, explicitly stating “I don’t want Black employees here.” This is morally reprehensible but LEGAL in Georgia—Title VII requires 15+ employees, and Georgia has no state law. You have no legal remedy.

Contrast: Same situation in Illinois (IHRA covers 1+ employees), Ohio (OCRA covers 4+ employees), or Pennsylvania (PHRA covers 4+ employees) would be illegal and actionable.

Why Georgia Has No State Law

Historical and political reasons:

  • Georgia is a traditionally conservative, business-friendly state
  • Business lobby has successfully opposed state employment regulations
  • Georgia relies on “federal floor” of protections without adding state requirements
  • Similar approach to Texas (no state discrimination law) and Florida (minimal state law mirroring federal)

Federal Anti-Discrimination Laws in Georgia

Since Georgia has no state law, workers rely entirely on federal protections:

Title VII of the Civil Rights Act of 1964

Protects against discrimination based on:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, gender identity per EEOC interpretation)
  • National origin

Covered employers: 15 or more employees

File with: EEOC within 300 days of discriminatory act (Georgia is “deferral state”)

Example: You’re a woman working for a 50-employee company. Your male supervisor repeatedly makes sexist comments, gives you lower performance reviews than less qualified men, and denies you promotions. This is sex discrimination under Title VII. File EEOC charge within 300 days.

Not protected: Employees at companies with fewer than 15 employees

Americans with Disabilities Act (ADA)

Protects against discrimination based on:

  • Physical disability
  • Mental disability
  • Record of disability
  • Being regarded as having disability

Requires reasonable accommodation unless undue hardship

Covered employers: 15 or more employees

File with: EEOC within 300 days

Example: You have diabetes (disability under ADA). You request reasonable accommodation (regular meal breaks for blood sugar management, ability to keep snacks at desk). Your employer denies the request and fires you, stating “we can’t accommodate medical issues.” This violates ADA. File EEOC charge.

Not protected: Employees at companies with fewer than 15 employees

Age Discrimination in Employment Act (ADEA)

Protects against discrimination based on:

  • Age 40 and older

Covered employers: 20 or more employees

File with: EEOC within 300 days

Example: You’re 58 years old working for a 100-employee company. During “restructuring,” company lays off 12 of 15 employees over age 50 while retaining 18 of 20 employees under 35, including several with worse performance than laid-off older workers. This statistical disparity suggests age discrimination under ADEA.

Not protected:

  • Employees under age 40 (no age protection)
  • Employees at companies with fewer than 20 employees

Genetic Information Nondiscrimination Act (GINA)

Protects against discrimination based on:

  • Genetic information
  • Family medical history

Covered employers: 15 or more employees

File with: EEOC within 300 days

Prohibits:

  • Requesting genetic information
  • Using genetic information in employment decisions
  • Discriminating based on genetic predisposition to disease

Pregnancy Discrimination Act

Part of Title VII, prohibits discrimination based on:

  • Pregnancy
  • Childbirth
  • Related medical conditions

Covered employers: 15 or more employees

Requires: Treating pregnancy same as other temporary disabilities

Example: You’re pregnant and request light duty (reduced lifting) like your employer provides for employees with back injuries. Employer refuses and fires you. This is pregnancy discrimination under Title VII.

What Federal Law Does NOT Protect (Georgia Has No Coverage)

Characteristics NOT protected by federal law (and Georgia has no state law to fill gap):

Marital status:

  • Federal law doesn’t protect
  • Georgia has no protection
  • You CAN be fired for being married, single, divorced in Georgia

Sexual orientation and gender identity:

  • EEOC interprets Title VII to cover (as sex discrimination)
  • But coverage not explicit in statute
  • More vulnerable than explicit state law protections

State-specific protections other states have (Georgia lacks):

  • Familial status (California)
  • Political affiliation (California, DC)
  • Arrest record (Illinois, with limitations)
  • Military discharge status (Illinois)
  • HIV/AIDS status (California, Illinois)
  • Veteran status (beyond federal USERRA)

Example: Illinois protects marital status—can’t be fired for getting divorced. Georgia has NO such protection. Your employer can legally fire you for marital status changes in Georgia.

How to Prove Discrimination in Georgia

McDonnell Douglas Burden-Shifting Framework

Step 1: Prima facie case (you prove):

  1. You’re in protected class (race, sex, age 40+, disability, religion, national origin)
  2. You were qualified for your job
  3. You suffered adverse employment action (fired, demoted, not hired, etc.)
  4. Circumstances suggest discrimination (replaced by person outside protected class, similarly situated employees treated differently, discriminatory comments, etc.)

Step 2: Employer provides legitimate, non-discriminatory reason:

  • “We fired her for poor performance”
  • “We eliminated the position due to budget cuts”

Step 3: You prove reason is pretext (cover-up for discrimination):

  • Reason is factually false
  • Reason wasn’t real motivation
  • Evidence shows real reason was discriminatory

Types of Evidence

Direct evidence (rare):

  • Explicit discriminatory statements (“We don’t hire women for this job”)
  • Written policies showing discrimination
  • Admission of discriminatory motive

Circumstantial evidence (more common):

  • Comparative evidence: Similarly situated employees outside protected class treated better
  • Temporal proximity: Adverse action shortly after protected activity (complaint, pregnancy announcement, disability disclosure)
  • Pretext: Employer’s stated reason is false, inconsistent, or contradicted by evidence
  • Statistical evidence: Pattern of discriminating against protected class
  • Discriminatory comments: Age-related, race-related, sex-related remarks (even if not explicitly stating intent to discriminate)

Example of strong case:

  • You’re Black employee at 30-person company
  • Supervisor makes racist comments (“I don’t think Black people are good managers”)
  • You’re denied promotion; white employee with worse performance promoted
  • Supervisor told coworker you were denied promotion due to race
  • You complain to HR about discrimination
  • One week later, fired for “performance issues” despite excellent reviews

This combines: direct evidence (racist comments), comparative evidence (less qualified white employee promoted), temporal proximity (fired week after complaint), pretext (excellent reviews contradict “performance” reason).

Damages for Discrimination in Georgia

Since Georgia has no state law, damages follow federal Title VII/ADA/ADEA limits:

Back Pay and Front Pay

Back pay: Lost wages from discrimination to judgment (NO CAP)

Front pay: Future lost earnings if reinstatement not feasible (NO CAP)

Compensatory Damages (Title VII, ADA Only)

Emotional distress, pain and suffering – CAPPED based on employer size:

Employer Size Compensatory + Punitive Damage Cap
15-100 employees $50,000
101-200 employees $100,000
201-500 employees $200,000
500+ employees $300,000

Example: You prove severe race discrimination at 80-employee company. Jury awards:

  • $90,000 back pay (no cap)
  • $250,000 compensatory damages (emotional distress, therapy, reputational harm)
  • $300,000 punitive damages

Federal cap applies: Combined compensatory + punitive capped at $50,000 for 15-100 employee company. You receive $90,000 back pay + $50,000 (capped) = $140,000 total (instead of $640,000).

If Georgia had state law like Illinois IHRA or California FEHA: NO CAPS—you’d receive full $640,000.

Punitive Damages (Title VII, ADA Only)

To punish egregious discrimination – Subject to same employer-size caps as compensatory (combined cap)

When awarded: Employer acted with malice or reckless indifference to federal rights

ADEA Damages (Age Discrimination)

ADEA does NOT allow compensatory or punitive damages

Available:

  • Back pay and front pay
  • Liquidated damages (doubling back pay) if age discrimination was willful

Example: You prove willful age discrimination. Back pay = $100,000. Liquidated damages = additional $100,000 (doubling). Total = $200,000. But NO compensatory damages for emotional distress under ADEA.

Reinstatement and Attorney’s Fees

Reinstatement: Court can order employer to rehire you (often not practical)

Attorney’s fees: Prevailing plaintiffs recover reasonable attorney’s fees from employer

Filing Discrimination Claim in Georgia

Step 1: File EEOC Charge

Georgia has NO state discrimination agency—must file with EEOC:

Atlanta EEOC Office:

  • Address: 100 Alabama Street SW, Suite 4R30, Atlanta, GA 30303
  • Phone: 1-800-669-4000 or 404-562-6800
  • Website: eeoc.gov

Savannah EEOC Office:

  • Address: 410 Mall Boulevard, Suite G, Savannah, GA 31406
  • Phone: 1-800-669-4000 or 912-652-4234

File within: 300 days of discriminatory act (Georgia is deferral state, extended from 180 days)

Online filing: publicportal.eeoc.gov

Step 2: EEOC Investigation

Process:

  1. Submit intake questionnaire
  2. EEOC interviews you
  3. EEOC notifies employer and requests response
  4. EEOC investigates (may request documents, interview witnesses)
  5. EEOC issues determination

Timeline: 6-18 months (sometimes longer)

Step 3: EEOC Determination

Three possible outcomes:

Cause found: EEOC believes discrimination occurred

  • EEOC attempts conciliation (settlement negotiation)
  • If conciliation fails, EEOC may sue on your behalf (rare) or issue right-to-sue letter

No cause found: EEOC doesn’t find sufficient evidence

  • Issues right-to-sue letter
  • You can still file lawsuit (EEOC determination not binding on court)

Dismissal and notice of rights: EEOC closes without full investigation

  • Issues right-to-sue letter
  • You can file lawsuit

Step 4: File Lawsuit in Federal Court

After receiving right-to-sue letter:

  • File lawsuit in federal district court within 90 days of right-to-sue letter
  • Missing 90-day deadline destroys your right to sue

Where to file: U.S. District Court for Northern District of Georgia (Atlanta), Middle District (Macon), or Southern District (Savannah)

Strongly recommend: Hire employment attorney for lawsuit phase

Common Discrimination Scenarios in Georgia

Scenario 1: Small Employer – NO PROTECTION (Legal)

Situation: You work for a 12-person medical practice. You’re gay. New practice manager fires you, explicitly stating “I’m a Christian and don’t approve of the gay lifestyle. I want you gone.”

Why this is LEGAL (unfortunately):

  • Title VII requires 15+ employees—practice only has 12
  • While EEOC interprets Title VII to protect sexual orientation, coverage doesn’t extend to employers under 15 employees
  • Georgia has NO state law protecting sexual orientation or covering small employers

No legal remedy in Georgia. Same situation would be illegal in Illinois (IHRA covers 1+ employees), Ohio (OCRA covers 4+ employees), or Pennsylvania (PHRA covers 4+ employees).

This illustrates Georgia’s critical protection gap for small employer workers.

Scenario 2: Large Employer Discrimination (Federal Protection)

Situation: You’re Black employee at 200-person company. You’re repeatedly passed over for promotion while less qualified white employees promoted. Your supervisor makes racist comments. You complain to HR and are fired two weeks later.

Why this is illegal:

  • Title VII applies (200 employees meets 15+ threshold)
  • Race discrimination (promotion denials)
  • Retaliation (fired two weeks after complaint)
  • Direct evidence (racist comments) and circumstantial evidence (less qualified white employees promoted)

What to do:

  • File EEOC charge within 300 days
  • Document racist comments, disparate treatment, complaint to HR
  • Seek attorney help
  • Pursue both discrimination and retaliation claims

Scenario 3: Pregnancy Discrimination

Situation: You’re pregnant and request light duty (no heavy lifting) like your employer provides for employees with back injuries. Employer refuses and fires you, stating “we can’t accommodate pregnancy.”

Why this is illegal:

  • Pregnancy Discrimination Act (part of Title VII) prohibits this
  • Employer must treat pregnancy same as other temporary disabilities
  • If provides light duty for back injuries, must provide for pregnancy

What to do:

  • File EEOC charge within 300 days
  • Show employer provides light duty for other temporary disabilities
  • Document pregnancy accommodation request and denial
  • Prove disparate treatment

Scenario 4: Age Discrimination in Layoff

Situation: Your company conducts reduction in force. Of 25 laid off, 22 are over age 50. Of 30 retained, 28 are under 40. Older laid-off employees had better performance reviews and more experience than younger retained employees.

Why this is illegal:

  • ADEA prohibits age-based layoffs (company has 55 employees, meets 20+ threshold)
  • Statistical disparity (22 of 25 laid off are 50+) creates strong inference of age discrimination
  • Comparative evidence (older employees more qualified than younger retained)

What to do:

  • File EEOC charge within 300 days
  • Gather ages of all laid off vs. retained employees
  • Compare performance reviews, experience, qualifications
  • Consider class action with other affected older workers

Georgia’s Limitation Compared to Other States

Damage Caps

Federal caps (Georgia has no state alternative):

Example: Severe sex discrimination at 150-employee company. Jury awards $500,000 in compensatory damages (emotional distress, therapy, reputational harm).

Federal cap: $100,000 for 101-200 employee company. You receive $100,000 instead of $500,000 (lose $400,000).

If Georgia had state law like:

  • Illinois IHRA: NO CAPS—receive full $500,000
  • California FEHA: NO CAPS—receive full $500,000
  • Ohio OCRA: NO CAPS—receive full $500,000

Small Employer Gap

Federal thresholds leave small employer workers unprotected:

Georgia:

  • Under 15 employees: NO PROTECTION
  • Under 20 employees: NO AGE PROTECTION

States with broader coverage:

  • Illinois IHRA: 1+ employees
  • California FEHA: 5+ employees
  • Ohio OCRA: 4+ employees
  • Pennsylvania PHRA: 4+ employees

Percentage of Georgia workers unprotected: Estimated 20-25% of Georgia workforce works for employers under 15 employees with NO discrimination protection.

Filing Deadlines

Critical deadlines in Georgia:

Claim Deadline Where to File
EEOC charge (Title VII, ADA, GINA) 300 days EEOC
EEOC charge (ADEA – age) 300 days EEOC
Lawsuit after right-to-sue 90 days Federal district court

Missing these deadlines destroys your claim.

Resources for Georgia Workers

Federal Agency

EEOC – Atlanta District Office:

  • Address: 100 Alabama Street SW, Suite 4R30, Atlanta, GA 30303
  • Phone: 1-800-669-4000 or 404-562-6800
  • Website: eeoc.gov
  • Online filing: publicportal.eeoc.gov

EEOC – Savannah Area Office:

  • Address: 410 Mall Boulevard, Suite G, Savannah, GA 31406
  • Phone: 1-800-669-4000 or 912-652-4234

Free Legal Assistance

Atlanta Legal Aid Society:

Georgia Legal Services Program:

  • Phone: 1-800-498-9469
  • Website: glsp.org

State Bar of Georgia Lawyer Referral:

  • Phone: 404-527-8700 or 1-800-237-2629
  • Website: gabar.org

Related Topics

Get Help with Your Georgia Discrimination Claim

Think you’ve experienced workplace discrimination in Georgia? Get a free consultation from an employment attorney who understands federal anti-discrimination laws.

Georgia’s lack of state discrimination law means you rely entirely on federal protections (Title VII, ADA, ADEA). Workers at small employers (under 15-20 employees) have NO protection. Understanding federal thresholds, damage caps, and the 300-day EEOC filing deadline is critical if you’ve been discriminated against.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Federal employment laws are subject to change. For advice specific to your situation, please consult with a licensed employment attorney in Georgia. Employment Law Aid is not a law firm and does not provide legal representation.