Georgia Pay Equity

• Sex Discrimination in Employment, Ga. Code Ann. § 34-5-3 et seq.
• Fair Employment Practices for Public Employers, Ga. Code Ann. § 45-19-22 et seq.
• Equal Employment for Persons with Disabilities, Ga. Code Ann. § 34-6A-2 et seq.

Classes Protected

• Sex
• Disability
• Race, color, religion, national origin, sex, disability, or age, in public employment.

Key language on Pay Discrimination

• No employer “shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work in jobs which require equal skill, effort, and responsibility and which are performed under similar working conditions[.]” This applies to any person employing ten or more employees and acting directly or indirectly in the interest of an employer in relation to an employee.
• Public employers cannot discriminate against an employee because of the employee’s race, color, religion, national origin, sex, disability, or age.
• “No employer shall . . . discharge or discriminate against any individual with disabilities with respect to wages[.]”

• Seniority system
• Merit system
• System which measures earnings by quantity or quality of production
• Differential based on any other factor other than sex
• Working in different locations, when the employee works for a public employer.

• City employer ban only. Atlanta prohibits inquiries about a candidate's salary history during the application and interview process for City positions.

• It is unlawful to retaliate against an employee because such employee made a complaint to anyone, instituted a proceeding, or testified in a proceeding.
• No employer shall retaliate against any person or applicant for employment because such person has opposed any practice made an unfair employment practice by the Equal Employment for Persons with Disabilities chapter, or because such person has filed a charge, testified, assisted, or participated in any manner in an investigation, action, proceeding, or hearing under said chapter.