As used in this article, the term:
(Ga. L. 1978, p. 859, § 1; Ga. L. 1983, p. 1097, § 1; Ga. L. 1984, p. 22, § 45; Ga. L. 1992, p. 1828, § 1; Ga. L. 1995, p. 1302, § 9; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-81/HB 642.)
Editor's notes.- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.
Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."
JUDICIAL DECISIONS
Employment practices that are facially neutral.
- Discrimination can involve employment practices, such as standardized tests, that are facially neutral, but in fact fall more harshly on one group than another and cannot be justified as a business necessity. Georgia Dep't of Human Resources v. Montgomery, 248 Ga. 465, 284 S.E.2d 263 (1981).
Cited in Bd. of Regents of the Univ. Sys. of Ga. v. One Sixty Over Ninety, LLC, 351 Ga. App. 133, 830 S.E.2d 503 (2019), cert. denied, No. S19C1521, 2020 Ga. LEXIS 118 (Ga. 2020).
OPINIONS OF THE ATTORNEY GENERAL
"Employee" and "employer" defined.
- An "employee" is a person who renders services to another usually for wages, salary, or financial consideration, and who, in performance of such services, is subject to direction and control of another, such other being the employer. The "employer" is that entity which has control over time, manner, and method by which "employee" performs the task. 1980 Op. Att'y Gen. No. 80-72.
In classified service of state merit system, the employer is appointing authority or employing agency and not state merit system or State Personnel Board. 1980 Op. Att'y Gen. No. 80-72.
RESEARCH REFERENCES
ALR.
- Application of state law to sex discrimination in employment, 87 A.L.R.3d 93.
Construction and effect of state legislation forbidding job discrimination on account of physical handicap, 90 A.L.R.3d 393.
Accommodation requirement under state legislation forbidding job discrimination on account of handicap, 76 A.L.R.4th 310.
Handicap as job disqualification under state legislation forbidding job discrimination on account of handicap, 78 A.L.R.4th 265.
Damages and other relief under state legislation forbidding job discrimination on account of handicap, 78 A.L.R.4th 435.
Discrimination "because of handicap" or "on the basis of handicap" under state statutes prohibiting job discrimination on account of handicap, 81 A.L.R.4th 144.
What constitutes handicap under state legislation forbidding job discrimination on account of handicap, 82 A.L.R.4th 26.
Judicial construction and application of state legislation prohibiting religious discrimination in employment, 37 A.L.R.5th 349.
What constitutes religious harassment in employment in violation of Title VII of Civil Rights Act of 1964 (42 USCA § 2000e et seq.), 149 A.L.R. Fed. 405.