Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 311 - Sexual harassment; right of action; provisions

Mobley, Barbara J (69th)	Orrock, Nan (56th)	Teague, Sharon Beasley (58th)
Randall, William (Billy) C (127th)	Ragas, Arnold M (64th)	Taylor, Maretta M (134th)

Status Summary	HC:	SJudy	SC:		FR:	01/28/99	LA:	01/29/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for a right of action for sexual harassment; to provide for definitions; to provide for practices, procedures, and requirements relating to such right of action; to provide for exceptions; and for other purposes.

Code Sections - 34-5A-1

HB 311                                             LC 22 3402 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 34 of the Official Code of Georgia Annotated, 
  1- 2  relating to labor and industrial relations, so as to provide 
  1- 3  for a right of action for sexual harassment; to provide for 
  1- 4  definitions; to provide for practices, procedures, and 
  1- 5  requirements relating to such right of action; to provide 
  1- 6  for exceptions; to provide for limitation of actions for 
  1- 7  sexual harassment; to provide a maximum amount for certain 
  1- 8  damages; to require the posting of certain signs by certain 
  1- 9  employers; to provide for applicability; to provide for 
  1-10  other matters relative to the foregoing; to repeal 
  1-11  conflicting laws; and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Title 34 of the Official Code of Georgia Annotated, relating 
  1-15  to labor and industrial relations, is amended by adding, 
  1-16  following Chapter 5 of said title, a new Chapter 5A to read 
  1-17  as follows: 
 
 
 
  1-18    34-5A-1. 
 
  1-19    (a) As used in this chapter, the term: 
 
  1-20      (1) 'Employer' means any individual sole proprietor, 
  1-21      organization, governmental body, corporation, limited 
  1-22      liability company, limited liability partnership, 
  1-23      partnership, association, trustee, estate, insurance 
  1-24      company, or legal representative, whether domestic or 
  1-25      foreign, or the receiver, trustee in bankruptcy, trustee 
  1-26      or successor thereof, and any common carrier doing 
  1-27      business in or operating within this state, which has 
  1-28      two or more but less than 15 employees in each of 20 or 
  1-29      more calendar weeks in the current or preceding calendar 
  1-30      year performing work for such employer; provided, 
  1-31      however, that this definition of employer does not 
  1-32      extend to a person who is an employee of an employer. 
 
 
 
                                 -1- 
 
 
 
  2- 1      (2) 'Sexual harassment' is a form of sex discrimination 
  2- 2      and means unwelcome and nonconsensual sexual advances, 
  2- 3      requests for sexual favors, and other verbal or physical 
  2- 4      conduct of a sexual nature when: 
 
  2- 5        (A) Submission to that conduct is made either 
  2- 6        explicitly or implicitly a term or condition of 
  2- 7        employment; 
 
  2- 8        (B) Submission to or rejection of such conduct by an 
  2- 9        employee is used as a component of the basis for 
  2-10        employment decisions affecting that employee; or 
 
  2-11        (C) The conduct has the purpose or effect of 
  2-12        unreasonably and substantially interfering with an 
  2-13        employee's work performance or creating a sexually 
  2-14        intimidating, hostile, or sexually offensive work 
  2-15        environment to a reasonable person. 
 
  2-16    (b) An employee shall have a right of action for sexual 
  2-17    harassment against an employer who: 
 
  2-18      (1) Engages in sexual harassment as defined in paragraph 
  2-19      (2) of subsection (a) of this Code section; or 
 
  2-20      (2) Discriminatorily terminates, demotes, transfers, 
  2-21      reassigns, changes the work schedule or duties of, 
  2-22      changes the terms and conditions of employment of, or 
  2-23      otherwise retaliates or takes punitive action against 
  2-24      any employee for the sole reason that such employee has 
  2-25      reported sexual harassment or brought an action for 
  2-26      sexual harassment. 
 
  2-27    (c) Any action for sexual harassment pursuant to the 
  2-28    provisions of this Code section shall be brought within 
  2-29    180 days from the date of the incident. 
 
  2-30    (d) Except as otherwise provided, rights and remedies 
  2-31    granted to an employee who brings an action for sexual 
  2-32    harassment under this chapter shall exclude all other 
  2-33    rights and remedies of such employee against the employer 
  2-34    except any applicable relief under the state's workers' 
  2-35    compensation law and the state's employment security law. 
 
  2-36    (e) Notwithstanding any other provision of law, in an 
  2-37    action for sexual harassment pursuant to the provisions of 
  2-38    this Code section, the sum of general or special damages, 
  2-39    direct or consequential damages, punitive damages, and 
  2-40    damages for other nonpecuniary losses shall not exceed, 
  2-41    for each employee, the amount of $50,000.00. 
 
 
 
                                 -2- 
 
 
 
  3- 1    (f) It shall be the duty of every employer, including 
  3- 2    every department or agency of the state, county, board of 
  3- 3    education, municipal corporation, or authority to post at 
  3- 4    each work place a sign, not less than 11 inches by 14 
  3- 5    inches in size, stating that sexual harassment is a 
  3- 6    violation of state law.  Such signs shall be made 
  3- 7    available to employers by the Department of Labor.  Such 
  3- 8    sign shall be posted in an appropriate public area as used 
  3- 9    to post workers' compensation notices. 
 
  3-10    (g) This Code section shall apply to any act of sexual 
  3-11    harassment occurring on or after July 1, 1999." 
 
  3-12                           SECTION 2. 
 
  3-13  All laws and parts of laws in conflict with this Act are 
  3-14  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-