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Sexual Harassment Laws in Georgia: Federal Protections Only

Georgia has NO state sexual harassment law. Sexual harassment protections in Georgia come entirely from federal Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination including sexual harassment.

This creates a critical protection gap: If you work for an employer with fewer than 15 employees, you have NO sexual harassment protection in Georgia. Federal Title VII doesn’t apply to small employers, and Georgia has no state law to fill the gap.

If you’re experiencing sexual harassment at work in Georgia, understanding your federal rights—and Georgia’s limitations—is critical to protecting yourself.

Georgia’s Lack of State Sexual Harassment Law

No State Law Protection

Georgia has NO state employment discrimination or harassment law. Unlike most states that have state civil rights acts prohibiting sexual harassment, Georgia relies entirely on federal law.

States WITH state sexual harassment laws (examples):

  • California: FEHA covers 5+ employees, robust protections, no damage caps
  • Illinois: IHRA covers 1+ employees, mandatory training, no damage caps
  • New York: NYSHRL covers 4+ employees, mandatory training, enhanced protections
  • Ohio: OCRA covers 4+ employees
  • Pennsylvania: PHRA covers 4+ employees
  • Washington: WLAD covers 8+ employees

States like Georgia (NO state law):

  • Georgia ❌
  • Texas ❌
  • Alabama ❌
  • Mississippi ❌

Critical Gap: Small Employers (Under 15 Employees)

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

  • Federal Title VII requires 15+ employees
  • Georgia has NO state law covering smaller employers
  • Result: Workers at small employers can be sexually harassed with NO legal remedy

Example: You work at a 10-person dental practice. The dentist-owner repeatedly makes sexual comments, touches you inappropriately, and proposes sex in exchange for better shifts. 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), California (FEHA covers 5+ employees), Ohio (OCRA covers 4+ employees), or Pennsylvania (PHRA covers 4+ employees) would be illegal and actionable.

Approximately 20-25% of Georgia workers work for employers under 15 employees and have no sexual harassment protection.

Federal Title VII Sexual Harassment Protections

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

What Title VII Prohibits

Sexual harassment is sex discrimination under Title VII, which prohibits two types:

1. Quid Pro Quo Harassment

  • “This for that” harassment
  • Job benefits conditioned on sexual favors
  • Demands for sexual conduct in exchange for job benefits or to avoid job detriment

2. Hostile Work Environment Harassment

  • Unwelcome sexual conduct
  • Severe or pervasive enough to create abusive, intimidating, or offensive work environment
  • Interferes with work performance

Quid Pro Quo Sexual Harassment

Elements:

  • Demand for sexual favors or conduct
  • By supervisor or someone with authority
  • In exchange for job benefit or to avoid job detriment

Examples:

  • Manager says “sleep with me and I’ll promote you”
  • Supervisor conditions raise on sexual relationship
  • Boss threatens to fire you unless you tolerate sexual advances
  • Manager implies better assignments if you go on dates

Example: Your supervisor explicitly tells you “if you have sex with me, I’ll make sure you get the raise.” When you refuse, you’re denied the raise while less qualified coworkers who didn’t rebuff advances receive raises. This is quid pro quo sexual harassment under Title VII.

Employer liability: Strict liability—employer automatically liable for supervisor’s quid pro quo harassment, even if employer didn’t know.

Hostile Work Environment Sexual Harassment

Elements:

  • Unwelcome conduct of sexual nature
  • Severe or pervasive enough to alter working conditions
  • Creates abusive, hostile, or offensive environment
  • Based on sex

“Severe or pervasive” test:

  • Severe: Single incident so egregious it creates hostile environment (e.g., sexual assault, extreme proposition)
  • Pervasive: Pattern of ongoing conduct that cumulatively creates hostile environment (repeated comments, touching, jokes)

Examples:

  • Repeated sexual comments about body, appearance, or sex life
  • Unwanted touching, hugging, kissing, groping
  • Sexual jokes, innuendos, or stories
  • Displaying pornography or sexually explicit materials
  • Repeated requests for dates after rejection
  • Sexually explicit emails, texts, or messages
  • Staring at or leering at breasts, buttocks, or genital areas
  • Sexual gestures or sounds
  • Comments about sex acts

Example: Over 6 months, your coworker repeatedly makes sexual comments about your breasts, sends you sexually explicit memes, asks detailed questions about your sex life, and makes jokes about having sex with you. You’ve told him to stop multiple times and complained to your supervisor, but supervisor says “he’s just joking” and takes no action. This is hostile work environment sexual harassment under Title VII.

Employer liability: Liable if employer knew or should have known and failed to take prompt corrective action.

Who Is Covered

Covered employers: 15 or more employees

Protected: All employees, regardless of gender

Harassers can be:

  • Supervisors or managers
  • Coworkers
  • Customers, clients, or vendors (employer must take reasonable steps to stop)
  • Non-employees employer allows in workplace

Same-sex harassment: Title VII protects against same-sex sexual harassment

Example: Male employee sexually harasses male coworker. This is sexual harassment under Title VII (same-sex harassment illegal).

What to Do If You’re Being Sexually Harassed

Step 1: Tell Harasser to Stop (If Safe)

If you feel safe, clearly tell the harasser their conduct is unwelcome and must stop.

Be direct:

  • “Your sexual comments make me uncomfortable. Stop.”
  • “I’m not interested in dating you. Do not ask again.”
  • “Your touching is unwelcome. Do not touch me.”

Document: Note date, time, what you said, and harasser’s response.

If unsafe: If harasser is aggressive, violent, or in position of power, skip this step and report immediately. Your safety is paramount.

Step 2: Document Everything

Create detailed records:

  • Date and time of each incident
  • Location where it occurred
  • What happened (specific words, actions, touching)
  • Who was present (witnesses)
  • How you responded
  • How it made you feel (emotional impact)

Preserve evidence:

  • Save emails, texts, voicemails, social media messages
  • Take screenshots
  • Keep notes in secure location (personal email, home device)

Why documentation matters: Essential for proving severe or pervasive conduct, especially for hostile environment claims.

Step 3: Report to Your Employer

Follow employer’s reporting procedure:

  • Check employee handbook for complaint process
  • Report to HR, supervisor (unless supervisor is harasser), or designated officer

Make report in writing if possible:

  • Email to HR documenting harassment
  • Formal written complaint
  • Follow-up email confirming verbal report

Include in report:

  • Your name and contact information
  • Harasser’s name
  • Dates, times, locations of incidents
  • Detailed description of conduct
  • Witnesses
  • Evidence (attach emails, screenshots)
  • Request for investigation and corrective action

Employer’s obligation: Once notified, employer must:

  • Take complaint seriously
  • Conduct prompt, thorough investigation
  • Take corrective action if harassment confirmed
  • Protect you from retaliation

If employer does nothing: Strengthens your legal claim—employer’s failure to act after notice creates liability.

Step 4: File EEOC Charge

If employer doesn’t resolve harassment, file charge with EEOC:

Atlanta EEOC Office:

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

File within: 300 days of last harassment incident (Georgia is deferral state)

Process:

  1. Contact EEOC or file online
  2. Submit intake questionnaire
  3. EEOC interviews you
  4. EEOC investigates
  5. EEOC issues determination and right-to-sue letter
  6. File lawsuit in federal court within 90 days of right-to-sue

Step 5: Consult Employment Attorney

Consider attorney if:

  • Harassment is severe or ongoing
  • Employer failed to stop harassment
  • You were fired, demoted, or retaliated against
  • Filing EEOC charge or lawsuit

Attorney can:

  • Evaluate claim strength
  • Navigate EEOC process
  • File lawsuit
  • Negotiate settlement
  • Maximize damages

Contingency fee: Many employment attorneys work on contingency (only paid if you win).

Damages for Sexual Harassment in Georgia

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

Back Pay and Front Pay

Back pay: Lost wages from termination/demotion to judgment (NO CAP)

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

Example: Harassed, then fired. Unemployed 1 year, then found lower-paying job. Back pay = 1 year full salary + wage differential until trial.

Compensatory Damages (CAPPED)

Emotional distress, mental anguish, 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: Severe sexual harassment at 75-employee company. You develop PTSD, anxiety, depression requiring therapy. Jury awards:

  • $70,000 back pay (no cap)
  • $400,000 compensatory damages (emotional distress, therapy, pain and suffering)
  • $500,000 punitive damages

Federal cap applies: Combined compensatory + punitive capped at $50,000 for 15-100 employee company. You receive $70,000 back pay + $50,000 (capped) = $120,000 total (instead of $970,000).

If Georgia had state law like Illinois IHRA or California FEHA: NO CAPS—you’d receive full $970,000.

Punitive Damages (CAPPED)

To punish egregious harassment – Subject to same caps as compensatory (combined cap)

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

Example: Employer knew about supervisor’s pattern of sexual harassment (multiple prior complaints), yet promoted him and ignored your complaints. Jury awards punitive damages to punish reckless indifference.

Reinstatement and Attorney’s Fees

Reinstatement: Court can order employer to rehire you (often impractical after harassment)

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

Retaliation Is Illegal

Title VII prohibits retaliation for reporting sexual harassment or participating in investigations.

What Retaliation Looks Like

Illegal retaliation:

  • Firing you for reporting harassment
  • Demoting you after filing EEOC charge
  • Cutting hours or pay
  • Giving poor performance reviews in retaliation
  • Creating hostile environment in response to complaint
  • Blacklisting you in industry

Example: You report supervisor’s sexual harassment to HR. Two weeks later, you’re fired for alleged “performance issues” despite years of excellent reviews. Temporal proximity (2 weeks) creates strong inference of retaliatory motive.

Retaliation Claims Often Easier to Prove

Important: Retaliation claims are often easier to prove than underlying harassment claims:

  • Don’t need to prove harassment was valid—just that you reasonably believed it was
  • Temporal proximity (complaint followed quickly by adverse action) creates strong inference
  • Employer’s shifting explanations easier to show as pretext

Example: You file EEOC charge alleging sexual harassment. EEOC ultimately finds no probable cause (doesn’t believe harassment occurred). However, you were fired 3 days after filing charge. You can still win retaliation claim even though underlying harassment claim failed—because you had reasonable belief harassment occurred and suffered retaliation for filing charge.

Damages for Retaliation

Same as harassment: Back pay, front pay, compensatory damages (capped), punitive damages (capped), attorney’s fees

Common Sexual Harassment Scenarios in Georgia

Scenario 1: Small Employer – NO PROTECTION (Legal)

Situation: You work at a 12-person retail store. The store owner repeatedly makes sexual comments about your body, touches you inappropriately, and has asked you for sex multiple times. You’ve told him to stop, but it continues.

Why this is LEGAL (unfortunately):

  • Title VII requires 15+ employees—store only has 12
  • Georgia has NO state law covering smaller employers
  • You have no legal remedy

No federal or state protection. Same situation would be illegal in Illinois (IHRA covers 1+ employees), California (FEHA covers 5+ employees), Ohio (OCRA covers 4+ employees), or Pennsylvania (PHRA covers 4+ employees).

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

Scenario 2: Quid Pro Quo at Large Employer (Illegal)

Situation: You work at a 100-employee company. Your supervisor tells you “if you have sex with me, I’ll promote you to senior account manager.” When you refuse and report to HR, supervisor fires you for “poor performance” despite excellent reviews.

Why this is illegal:

  • Quid pro quo sexual harassment (job benefit conditioned on sexual conduct)
  • Title VII applies (100 employees meets 15+ threshold)
  • Retaliation (fired after reporting to HR)
  • Employer strictly liable for supervisor’s quid pro quo harassment

What to do:

  • File EEOC charge within 300 days
  • Document supervisor’s proposition and your refusal
  • Document report to HR
  • Show excellent performance reviews contradict “poor performance” reason
  • Seek attorney help for both harassment and retaliation claims

Scenario 3: Hostile Environment – Employer Fails to Act (Illegal)

Situation: Male coworker sexually harasses you for 8 months: sexual comments about your breasts, unwanted touching, sexual jokes, sexually explicit emails. You complain to supervisor multiple times. Supervisor says “boys will be boys” and does nothing. You eventually quit due to intolerable conditions.

Why this is illegal:

  • Hostile work environment sexual harassment (pervasive unwelcome sexual conduct)
  • Employer knew (you complained to supervisor multiple times)
  • Employer failed to take corrective action
  • Constructive discharge (forced to quit due to intolerable conditions created by harassment)

What to do:

  • File EEOC charge within 300 days of quitting
  • Document all incidents of harassment over 8 months
  • Document complaints to supervisor and supervisor’s failure to act
  • Show conditions were so intolerable reasonable person would have quit
  • Claim both hostile environment harassment and constructive discharge

Filing Deadlines in Georgia

Critical deadlines:

Action Deadline Consequence of Missing
File EEOC charge 300 days from last harassment incident Claim dismissed
File lawsuit after right-to-sue 90 days from right-to-sue letter Lose right to sue

“Last harassment incident”: For hostile environment (ongoing harassment), deadline runs from last harassing act, not first.

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

Support Resources

Georgia Network to End Sexual Assault (GNESA):

  • Phone: 404-815-5261
  • Crisis support and resources

National Sexual Assault Hotline:

  • 1-800-656-HOPE (4673)
  • 24/7 crisis support

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 Sexual Harassment Claim

Experiencing sexual harassment at work in Georgia? Get a free consultation from an employment attorney who understands federal Title VII protections.

Georgia’s lack of state sexual harassment law means you rely entirely on federal Title VII (15+ employees). Workers at small employers (under 15 employees) have NO protection. Understanding federal thresholds, damage caps ($50k-$300k), and the 300-day EEOC filing deadline is critical if you’ve been sexually harassed.

An experienced Georgia employment attorney can evaluate your situation, help you navigate the EEOC process, and maximize your recovery.

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.