Findings, Conclusions, and Order of Special Master Generally; Order to Cease and Desist From Unlawful Practice and to Take Remedial Action

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Labor Practices
  5. Fair Employment Practices
  6. Findings, Conclusions, and Order of Special Master Generally; Order to Cease and Desist From Unlawful Practice and to Take Remedial Action

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  1. If the special master determines that the respondent has not engaged in an unlawful practice, the special master shall state the special master's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, dismissing the complaint.
  2. If the special master determines that the respondent has engaged in an unlawful practice, the special master shall state the special master's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, requiring the respondent to cease and desist from the unlawful practice and to take such remedial action as in the judgment of the special master will carry out the purposes of this article.
  3. Remedial action under this Code section may include but is not limited to:
    1. Hiring, reinstatement, or upgrading of employees with or without back pay. No award of back pay shall be ordered pursuant to this article with respect to any period more than two years prior to the date of the filing with the administrator of the complaint with respect to which such award of back pay is ordered. Interim earnings, unemployment benefits, workers' compensation benefits, or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable;
    2. Admission or restoration of individuals to participate in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program and the utilization of objective criteria in the admission of individuals to such programs;
    3. The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent;
    4. Reporting as to the manner of compliance;
    5. Posting notices in conspicuous places in the respondent's place of operation in the form prescribed by the administrator or special master;
    6. Restoration of employment benefits not otherwise specified in this Code section; or
    7. Recommending to the Governor that the respondent be required to adopt and file with the administrator, within a specified time limitation, for the administrator's approval a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, disability, religion, sex, national origin, or age.
  4. Any monetary award ordered pursuant to this article shall be for actual damages only.
  5. The respondent shall comply without delay with the terms and conditions of such a final order.

(Ga. L. 1978, p. 859, § 16; Ga. L. 1983, p. 1097, § 1; Ga. L. 1995, p. 1302, § 10.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 422 et seq. 15 Am. Jur. 2d, Civil Rights, § 15 et seq.

C.J.S.

- 14A C.J.S., Civil Rights, §§ 739, 740.

ALR.

- Recovery of damages for emotional distress resulting from racial, ethnic, or religious abuse or discrimination, 40 A.L.R.3d 1290.

Recovery of damages as remedy for wrongful discrimination under state or local civil rights provisions, 85 A.L.R.3d 351.

Requiring apology as "affirmative action" or other form of redress under State Civil Rights Act, 85 A.L.R.3d 402.

Right of prevailing defendant to recover attorney's fees under § 706(k) of Civil Rights Act of 1964 (42 USCS § 2000e-5 (k)), 134 A.L.R. Fed 161.

Reductions to back pay awards under Title VII of Civil Rights Act of 1964 (42 USCS § 2000e et seq.), 135 A.L.R. Fed 1.


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