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Workplace harassment — Georgia

Harassment on account of an individual’s protected class status, such as race, color, religion, national origin, sex, gender, pregnancy, age, disability, veteran status or genetic information, is prohibited by law. For instance, Title VII of the Civil Rights Act (Title VII) prohibits harassment on the basis of race, color, religion, national origin, gender, sex, the Age Discrimination in Employment Act (ADEA) prohibits harassment on the basis of age (40 and older) and the Americans with Disabilities Act (ADA) prohibits harassment on the basis of disability. These laws are briefly summarized in Discrimination.

Georgia does not have a law that specifically outlaws harassment. However, harassment may lead to state common law claims of infliction of emotional distress, negligent supervision and/or negligent retention.

Unlawful harassment

While the exact elements of a harassment claim may vary depending on the particular court or law under which the claim is brought, the following requirements are commonly recognized:

  • any unwelcome conduct
  • of a requisite severity (e.g., creates intimidating, hostile or offensive environment or, unreasonably interferes with the individual’s work or adversely affects the individual’s employment opportunities)