Chapter 186-1 ADMINISTRATION
| (1) |
Administrator. The Administrator is
appointed by the Governor and serves at his pleasure. The Administrator's
duties, power and authority are those enumerated in the Fair Employment
Practices Act of 1978 as amended, codified as O.C.G.A. Section
45-19-20, et
seq., and include rule making authority specified in O.C.G.A. Section
45-19-27(14). The
Commission on Equal Opportunity is attached to the Office of the Governor for
administrative purposes only. |
| (2) |
Board of Commissioners of the Commission on Equal Opportunity. The Board of
Commissioners of the Commission on Equal Opportunity consists of nine (9)
members appointed by the Governor, subject to confirmation by the Senate; the
Board's duties, power and authority are those enumerated in the Fair Employment
Practices Act, as amended, codified as O.C.G.A. Section
45-19-20, et seq.
| (a) |
Of the Governor's initial appointments,
three shall be for one-year terms, three shall be for two-year terms, and three
shall be for three-year terms. In the event of a vacancy during the term of any
member appointed by the Governor whether by reason of death, resignation, or
otherwise, the appointment of the successor by the Governor shall be only for
the remainder of the unexpired term. |
| (b) |
The Board shall be representative of a
fair and reasonable cross section of the population of the state; one-third of
the members shall have experience in labor or Title VII law enforcement, or
other legal human rights experience; provided, however, that after July 1,
1993, at least three members of the board shall be representative of or have a
background in realty, apartment management, or the building and contracting
industry. |
| (c) |
The Chair and other
Officers shall be elected as it is deemed appropriate by the Board. |
| (d) |
The board shall meet at least three times
a year at the time and place specified in writing by the Administrator and may
also meet from time to time upon its own motion, as deemed necessary by the
majority of the members thereof, for the purposes of conducting routine or
specific business. |
| (e) |
Each member
of the Board shall serve without pay, but members who are not otherwise state
officials or employees shall receive the same expense allowance and travel cost
reimbursement which members of certain boards and commissions receive pursuant
to Code Section
45-7-21. |
|
The following definitions shall apply generally to all Rules
and Regulations of the Commission on Equal Opportunity:
| (a) |
"Commission on Equal Opportunity" means
the Commission on Equal Opportunity as created by O.C.G.A. Section
45-19-24. |
| (b) |
"Administrator" means the Administrator
of the Commission on Equal Opportunity as provided for by O.C.G.A. Section
45-19-24. |
| (c) |
"Board" means the Board of Commissioners
of the Commission on Equal Opportunity as created by O.C.G.A. Section
45-19-23. |
| (d) |
"Discrimination" means any direct or
indirect act or practice of exclusion, distinction, restriction, segregation,
limitation, refusal, denial, or any other act or practice of differentiation or
preference in the treatment of a person or persons because of race, color,
religion, national origin, sex, handicap, or age, or aiding, abetting,
inciting, coercing, or compelling of such an act or practice. This term shall
not include any direct or indirect act or practice of exclusion, distinction,
restriction, segregation, limitation, refusal, denial, or any other act or
practice of differentiation or preference in the treatment of a person or
persons because of religion if an employer demonstrates that the employer is
unable to accommodate reasonably an employee's or prospective employee's
religious observance or practice without undue hardship on the conduct of the
employer's operation. |
| (e) |
"Handicap" means a physical or mental impairment which substantially limits one
or more of a person's major life activities, unless an employer demonstrates
that the employer is unable to accommodate reasonably to an employee's handicap
without undue hardship on the conduct of the employer's operation. |
| (f) |
"Public Employer" or "Employer" means any
department, board, bureau, commission, authority, or other agency of the state
which employs 15 or more employees within the state for each working day in
each of 20 or more calendar weeks in the current or preceding calendar year. A
person elected to public office in this state is a public employer with respect
to persons holding positions or individuals applying for positions which are
subject to the State Merit System of Personnel Administration or any personnel
merit system of any agency or authority of this state. A person elected to
public office in this state is not a public employer with respect to persons
holding positions or individuals applying for positions on such officer's
personal staff or on the policy-making level or as immediate advisors with
respect to the exercise of the constitutional or legal powers of the office
held by such officer. The term "Public Employer" shall include the State Merit
System of Personnel Administration whether or not such agency is the immediate
employer of the party or parties claiming to be aggrieved. |
| (g) |
"Public Employment" means employment by
any department, board, bureau, commission, authority, or other agency of the
State of Georgia. |
| (h) |
"Religion"
means all aspects of religious observance and practice as well as
belief. |
| (1) |
It shall be
unlawful for an employer to:
| (a) |
fail or
refuse to hire, to discharge, or otherwise to discriminate against any
individual with respect to that individual's compensation, terms, conditions,
or privileges of employment because of such individual's race, color, religion,
national origin, sex, handicap, or age; |
| (b) |
limit, segregate, or classify their
employees in any way which would deprive or tend to deprive an individual of
employment opportunities or otherwise adversely affect an individual's status
as an employee because of such individual's race, color, religion, national
origin, sex, handicap, or age; |
| (c) |
hire, promote, advance, segregate, or affirmatively hire an individual solely
because of race, color, religion, national origin, sex, handicap, or age, but
this paragraph shall not prohibit an employer from voluntarily adopting and
carrying out a plan to fill vacancies or hire new employees in a manner to
eliminate or reduce imbalance in employment with respect to race, color,
handicap, religion, sex, national origin, or age if the plan has first been
filed with the Administrator for review and comment for a period not less than
30 days; |
| (d) |
apply different
standards of compensation or different terms, conditions or privileges of
employment pursuant to a bona fide seniority or merit system, or a system which
measures earnings by quantity or quality of production, or to employees who
work in different locations, if such differences are the result of an intention
to discriminate because of race, color, religion, national origin, sex,
handicap, or age; |
| (e) |
give and to
act upon the results of any professionally developed ability test, if such
test, its administration, or action upon the results thereof, is designed,
intended, or used to discriminate because of race, color, religion, national
origin, sex, handicap, or age; |
| (f) |
hire and employ employees or to select an individual in any training program on
the basis of religion or national origin where religion or national origin is
not a bona fide occupational qualification reasonably necessary to the normal
functions of that particular employee's responsibilities. |
|
| (2) |
It shall be unlawful for an employer
controlling apprenticeship or other training or retraining including on-the-job
training programs to discriminate against an individual because of such
individual's race, color, religion, national origin, sex, handicap, or age in
admission to or employment in any program established to provide apprenticeship
or other training or to discriminate by allowing admission or promotion to an
apprenticeship or training program solely because of race, color, religion,
national origin, sex, handicap, or age. |
| (3) |
It shall be unlawful for a party to a
conciliation agreement made pursuant to the Fair Employment Practices Act of
1978, as amended, to violate the terms of the agreement. |
| (4) |
It shall be an unlawful practice for a
person willfully to:
| (a) |
make public with
respect to a particular employer or person without the employer's or person's
consent information obtained by the Administrator or the Administrator's
employees pursuant to its authority under the Fair Employment Practices Act of
1978, as amended, except as shall be reasonably necessary to carry out the
provisions of said Act; |
| (b) |
retaliate or discriminate in any manner against a person because the person has
opposed a practice declared unlawful by this article or because the person has
made a charge, filed a complaint, testified, assisted, or participated in any
manner in any investigation, proceeding, or hearing concerning an unlawful
practice; |
| (c) |
aid, abet, incite,
compel, or coerce a person to engage in any of the acts or practices declared
unlawful by the Fair Employment Practices Act of 1978, as amended; |
| (d) |
obstruct or prevent a person from
complying with the Fair Employment Practices Act of 1978, as amended, or any
orders issued under said Act; |
| (e) |
resist, prevent, impede, or interfere with the Administrator or any of its
representatives, employees, or with the Special Master in the lawful
performance of duty; provided, however, that it shall not be a violation for
anyone to challenge or resist any action by the Administrator or any of its
employees, or by a Special Master when there is a good faith belief that the
Administrator is, or its employees are, or the Special Master is acting
unlawfully or acting in excess of statutory authority; |
| (f) |
initiate frivolous and unwarranted
charges of discrimination against a public employer. |
|
| (5) |
It shall be an unlawful practice for a
person or for two or more persons to conspire:
| (a) |
to retaliate or discriminate in any
manner against a person because the person has opposed a practice declared
unlawful by the Fair Employment Practices Act of 1978, as amended, or because
the person has made a charge, filed a complaint, testified, assisted, or
participated in any manner in any investigation, proceeding, or hearing
concerning an unlawful practice under said Act; |
| (b) |
to aid, abet, incite, compel, or coerce a
person to engage in any of the acts or practices declared unlawful by the Fair
Employment Practices Act of 1978, as amended, or to obstruct or prevent a
person from complying with the Act or any orders issued thereunder; |
| (c) |
to resist, prevent, impede, or interfere
with the Administrator or any of its employees, or a Special Master in the
lawful performance of duty; provided, however, that it shall not be a violation
for anyone to challenge or resist any action by the Administrator or any of its
employees, or Special Master when there is good faith belief that the
Administrator or its employees or Special Master is acting unlawfully or acting
in excess of their statutory authority; |
| (d) |
to willfully initiate frivolous and
unwarranted charges of discrimination against a public employer. |
|
| (1) |
Who May
File: Any individual claiming to be aggrieved by an unlawful practice or
another person on behalf of an individual claiming to be aggrieved by an
unlawful practice may file a complaint with the Administrator. |
| (2) |
Time of Filing: The
Complaint shall be filed within one hundred and eighty days after the
occurrence of the alleged unlawful practice. |
| (3) |
Complaint Form: An Official
complaint shall be in writing and signed by the complainant or
designee. |
| (4) |
Contents of a
Complaint: A complaint shall be detailed to identify time, place and
facts with respect to the alleged discriminatory practice or act. It should
contain the following:
| (a) |
the full name,
address and telephone number of the charging party; |
| (b) |
the full name, address and telephone
number of the Respondent; |
| (c) |
a
statement of specific harm or injury that the charging party has suffered as a
consequence of the alleged unlawful practice identified in the act; |
| (d) |
a statement of response from the
Respondent; |
| (e) |
a statement
indicating the basis or bases for which race, color, sex, religion, national
origin, handicap, age or retaliation constitutes the unlawful
practice; |
| (f) |
statements describing
any other actions or practices supporting the charging party's allegation of
unlawful discrimination. |
|
| (1) |
The
Administrator's staff shall promptly investigate the allegations of unlawful
practice set forth in the complaint, and within 15 days of filing, shall serve
the Respondent with a copy of the complaint. The complaint shall be barred
unless filed within 180 days after the alleged unlawful practice
occurs. |
| (2) |
Within 90 days after
the complaint has been filed, the Administrator shall determine whether there
is reasonable cause to believe the Respondent has engaged in an unlawful
practice. If it is determined that there is no reasonable cause to believe that
the Respondent has engaged in an unlawful practice, the Administrator shall
issue an order dismissing the complaint. |
| (3) |
Within ten days after receiving a copy of
the order dismissing the complaint, the charging party may file with the
Administrator an application for reconsideration of the order. Upon such
application, the Administrator shall determine within 15 days whether there is
reasonable cause to believe that the Respondent has engaged in an unlawful
practice. If it is again determined that there is not reasonable cause to
believe that the Respondent has engaged in an unlawful practice, the
Administrator shall issue an order dismissing the complaint and notifying the
Complainant that such Complainant has the right to request a right to sue
letter from the appropriate federal agency or petition for review in the
appropriate Superior Court as provided for in the Fair Employment Practices Act
of 1978, as amended. |
| (4) |
After
investigation or after review provided for in section (3), above, if the
Administrator determines that there is reasonable cause to believe that the
Respondent has engaged in an unlawful practice, then the Administrator's staff
shall first endeavor to eliminate the unlawful practice by conference,
conciliation, and persuasion. The terms of the conciliation agreement reached
with the Respondent may require the Respondent to refrain from the commission
of unlawful discriminatory practices in the future and make such further
provisions as may he agreed upon between the Administrator and Respondent. If a
conciliation agreement is entered into, the Administrator shall issue and serve
on the Complainant a final order stating the terms. |
| (5) |
In the event the Administrator determines
that there is reasonable cause to believe an agency or authority has engaged in
an unlawful practice as defined in the Fair Employment Practices Act of 1978,
as amended, and the Administrator's staff is unable to eliminate the alleged
unlawful practice by conference, conciliation, and persuasion, the
Administrator shall refer the complaint to a Special Master. |
In addition to those powers and duties enumerated in the Fair
Employment Practices Act, codified as O.C.G.A. Section
45-19-20, et
seq., the Special Master shall have all of the power and authority
granted to agencies in conducting hearings and rendering final orders under
Chapter 13 of Title 50, the 'Georgia Administrative Procedures
Act'.
Any party to a hearing before a Special Master or a complainant
whose complaint has been dismissed by the Administrator may appeal any adverse
final order of a Special Master by filing a petition for review in the Superior
Court in the county in which the alleged unlawful practice occurred or in the
Superior Court of the residence of the Respondent within 30 days of the
issuance of the final order. Neither the Administrator nor the Special Master
shall be a named party; however, the Administrator must be served with a copy
of the petition for review. Within 30 days after the petition is served on the
Administrator, the Administrator shall forward to the court a certified copy of
the record of the hearing before the Special Master, including the transcript
of the hearing before the Special Master, and all evidence, administrative
pleadings, and orders, or the entire record if no hearing has been held. For
good cause shown, the court may require or permit subsequent corrections or
additions to the record. All appeals for judicial review shall be in accordance
with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';
provided, however, that if any provisions of the Fair Employment Practices Act
of 1978, as amended, that Act controls.
An employer or other person who believes that the application
to them of an order issued under this article would result in undue hardship
may apply to the Administrator for relief from the application of this order.
If the Administrator finds that the application of the regulation or order to
the employer or person in question would impose an undue hardship, the
Administrator may grant appropriate relief.
| (1) |
Each person
subject to the Fair Employment Practices Act of 1978, as amended, who controls
an apprenticeship or other training program shall keep all records reasonably
necessary to carry out the purposes of said Act including, but not limited to,
a list of applicants who wish to participate in such program, including the
chronological order in which such applications were received. Such records
shall be furnished to the Administrator upon the Administrator's request. The
Administrator may also request and receive a detailed description of the manner
in which persons are selected to participate in the apprenticeship or other
training program. |
| (2) |
Any person
subject to this article shall make and keep such records as may be reasonably
necessary and relevant to the determination of whether an unlawful practice has
been or is being committed, and shall make such reports therefrom as are
reasonably necessary or appropriate for the enforcement of the Fair Employment
Practices Act of 1978, as amended, or orders or regulations under that
Act. |
| (3) |
Records and reports
required by the Administrator shall conform as closely as practicable to
similar records and reports required by federal law and to customary
recordkeeping practices. |
Every public employer or other covered entity shall post and
keep posted in conspicuous places upon its premises where notices to employees
and applicants are customarily posted a notice to be prepared and distributed
by the Commission on Equal Opportunity. This notice shall set forth excerpts of
the Fair Employment Practices Act of 1978, as amended, and relevant information
necessary to explain the Act. Notices shall conform as closely as practicable
to similar notices required by federal law. Such notices may be obtained from
the Commission on Equal Opportunity.
