Georgia Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Georgia and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Georgia Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are some laws in place in Georgia that differ from the federal fair hiring regulations. One relates to the First Offender Act in Georgia, which permits first-time offenders to have criminal records sealed. This law impacts hiring as the charges in the sealed records will not appear on most employment background checks and applicants aren’t required to disclose information about them to potential employers. Employers also may not discriminate against those who have completed the First Offender program when making hiring decisions.

Additionally, a ban-the-box law was signed in 2015, preventing automatic disqualification from consideration for an open job based on criminal history. It applies to all employers in the public sector.

The Equal Employment Division enforces all state laws related to fair hiring.

Do Georgia Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The Georgia Sex Discrimination in Employment Act of 1966 mimics the language found in the federal EPA.

Do Georgia Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Under the Age Discrimination in Employment Act (ADEA) of 1967, employers in Georgia may not discriminate against individuals between the ages of 40 and 70 based on age when hiring. The state law applies to employers with 20+ employees.

Do Georgia Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The federal ADA applies in the state of Georgia.

Do Georgia Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Georgia does not have specific laws relating to the use of genetic information in hiring so GINA applies across the state.

Do Georgia Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Georgia Fair Employment Practices Act (FEPA) applies to government employers with 10+ employees. However, the federal Civil Rights Act of 1964, Title VII applies to private employers.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Georgia?

Prior to the statewide ban-the-box law being enacted, several cities and counties had versions of the law. However, the state law now applies to all applicable public employers.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.