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What are the legal consequences of discrimination in the workplace under Georgia law?

Under Georgia law, discrimination in the workplace can lead to various legal consequences. The Georgia Fair Employment Practices Act (FEPA) prohibits discrimination on the basis of race, color, religion, sex, national origin, age, disability, or genetic information. If an employer commits an act of discrimination against an employee based on any of these protected categories, the employee could have a cause of action against the employer.

The legal consequences of discrimination in the workplace can include but are not limited to:

  1. Civil Liability: An employee who falls prey to discrimination can file a civil lawsuit against the employer under Georgia state law, seeking compensatory damages, which include lost wages, benefits, and other out-of-pocket expenses, and punitive damages to punish the employer for their discriminatory behavior.
  2. Administrative Action: An employee who believes they have been discriminated against can file a charge of discrimination with the Georgia Commission on Equal Opportunity (GCEO) or the Equal Employment Opportunity Commission (EEOC). The respective agencies may investigate the claim and order the employer to take corrective action if they find evidence of discrimination.
  3. Remedial Actions: If an employee wins a discrimination case in court, the court may order compensatory damages, re-instatement, or promotion to a previously held position, and may also order the employer to implement changes to their policies and practices to reduce or eliminate the potential for future discrimination.

In addition, Georgia law has established a statute of limitations, which means that an employee must file a charge of discrimination with the GCEO or the EEOC within 180 days of the alleged discriminatory act taking place. Failure to file within this period may result in forfeiture of the victim's right to pursue legal action against the employer.

It is important to note that there are certain instances where discrimination may be legally justified, such as in certain affirmative action programs. Therefore, an analysis of the facts and circumstances of each case is crucial before legal action is taken.

Overall, any form of discrimination in the workplace is unacceptable and against the law. Employees who believe they have been discriminated against should seek legal assistance immediately to explore their options and pursue recourse against their employers.