Georgia State or Federal Laws on Harassment in the Workplace

Georgia follows U.S. Equal Employment Opportunity Commission (EEOC) guidelines concerning workplace harassment. Depending on the type of harassment involved, several federal laws governing job harassment and discrimination protect employee rights. Some petty grievances, annoyances and less serious isolated incidences are not enforceable harassment claims. Employees have legal rights when enduring harassment becomes a requirement of continued employment or the severity creates an unreasonable, hostile, intimidating or abusive situation.

Harassment Types

Federal law prohibits harassment or discrimination based on race, color, gender, religion, national origin, age, disability or genetic information. The law also protects against various forms of retaliatory and sexual harassment. The EEOC defines enforceable harassment as unwelcome conduct based on discrimination. Harassment covers a range of discriminatory practices including verbal abuse or slurs, intimidation, physical threats or assaults, ridicule and other actions that interfere with work performance.

Reporting Harassment

Excluding federal employees, workers may report workplace harassment to the Georgia Department of Labor and the EEOC. Federal employees follow a different complaint process. The applicable agency investigates the claim and notifies parties of a decision. If the employer is found at fault, the EEOC may negotiate a settlement or proceed with a lawsuit. If the EEOC does not file a lawsuit, the employee may file a private lawsuit within 90 days of the EEOC's decision. Filing a private lawsuit prior to the EEOC's decision or before the agency authorizes further action may result in closure of the initial investigation.

Penalties and Compensation

If the employee remains employed, EEOC policy requires elimination of harassment through employer compliance. Victims of discriminatory harassment may be awarded back pay, reimbursement of court and attorney fees, punitive damages and other monetary compensation. The law limits most punitive damages to between $50,000 and $300,000 depending on the number of workers a company employs. Victims of age or sex wage discrimination may receive back pay and other damages depending on the severity of harassment involved.

Protection from Retaliation

Employers cannot retaliate against employees exercising their rights to file a harassment case, complain about discriminatory harassment, threatening to file a complaint or for refusing to obey discriminatory orders at work. Retaliation includes but is not limited to demotions, changed job assignments, reduced wages, intimidation or denying a promotion based on a discrimination or harassment case. Additionally, it is illegal to retaliate against other employees closely associated with the alleged victim of discrimination or harassment.

References

• U.S. Equal Employment Opportunity Commission: Harassment
• U.S. Equal Employment Opportunity Commission: Filing a Charge of Discrimination
• U.S. Equal Employment Opportunity Commission: Filing a Lawsuit
• U.S. Equal Employment Opportunity Commission: Remedies for Employment Discrimination
• U.S. Equal Employment Opportunity Commission: Facts About Retaliation

Resources

• Georgia Department of Labor: Employment Laws and Rules