Rule 186-1-.03 - Unlawful Practices(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.Ga. Comp. R. & Regs. R. 186-1-.03
O.C.G.A. Secs. 45-19-29, 45-19-31, 45-19-33, 45-19-44, 45-19-45.
Original Rule entitled "Unlawful Practices" adopted. F. Dec. 29, 1992; eff. Jan. 18, 1993.