What are my rights against workplace harassment in Georgia?
1. Federal Floor. Title VII (15+ employees) is the primary vehicle for Georgia private-sector harassment claims. Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), recognized hostile-work-environment liability.
2. State Statute & Agency. Georgia has no general state fair-employment statute covering private-sector harassment. The Georgia Fair Employment Practices Act (GFEPA), O.C.G.A. § 45-19-20 et seq., is enforced by the Georgia Commission on Equal Opportunity but applies only to state government employees. Private-sector employees rely on Title VII (EEOC) and Georgia common-law theories like assault, battery, intentional infliction of emotional distress, and negligent supervision/retention.
3. Standard for Hostile Work Environment. The federal "severe or pervasive" standard from Harris v. Forklift Systems, 510 U.S. 17 (1993), governs.
4. Protected Categories. Federal categories: race, color, religion, sex (including sexual orientation and gender identity per Bostock), national origin, age (ADEA), disability (ADA), pregnancy, and genetic information.
5. Quid Pro Quo vs Hostile Environment. Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington v. Ellerth, 524 U.S. 742 (1998), control: tangible employment action triggers strict liability.
6. Employer Liability. Employers may raise the Faragher/Ellerth affirmative defense for supervisor hostile-environment claims absent tangible action.
7. Mandatory Training. Georgia has no statewide harassment-training mandate for private employers.
8. Filing Deadline. EEOC: 300 days (Georgia is a deferral state through the EEOC's worksharing with the GCEO, though only as to public-sector). State-employee GFEPA claims: 180 days (O.C.G.A. § 45-19-36).
9. NDA Restrictions. Georgia has no broad ban on sexual-harassment NDAs; restrictive-covenant law (O.C.G.A. § 13-8-50 et seq.) addresses restraint of trade but not harassment confidentiality.
This is legal information, not legal advice.
- You work for an employer under 15 employees and need to identify common-law tort theories
- The 300-day EEOC deadline is approaching
- Your harasser committed physical assault or battery, supporting parallel tort claims
- 42 U.S.C. § 2000e (Title VII)
- O.C.G.A. § 45-19-20 (GFEPA, public-sector only)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.