Georgia County Government-August 2008

LAW continued from page 25 their status as an employee based on race, color, religion, national origin, sex, handicap or age. The third type of prohibited conduct prevents the hiring, promotion or advancement of an employee or any attempt to segregate or affirmatively hire an individual based solely on race, color, religion, national origin, sex, handicap or age. The fourth type of prohibited conduct deals with apprenticeships and other training or retraining programs. FEPA prohibits discrimination in government sponsored apprenticeships and training programs based upon race, color, religion, national origin, sex, handicap or age. The final type of unlawful conduct prohibits public employers from printing or publishing advertisements related to employment that specifically state any preference, limitation or specification based on race, color, religion, national origin, sex, handicap or age, except where the specified criteria constitutes a bona fide occupational qualification for employment.6 Conspiratorial Acts Prohibited FEPA also makes it unlawful for a person, or for two or more persons, to conspire to engage in the five types of prohibited conduct or retaliate against a person who has opposed an unlawful practice. In addition to the enumerated prohibited types of conduct, retaliation against those who either oppose an alleged unlawful practice or participate in the proceedings related to the allegations of an unlawful practice, are also prohibited. Likewise, it is unlawful for a person, or two or more persons, to abet, incite, compel or coerce a person to engage in any of the acts or practices declared as unlawful by FEPA or to obstruct or prevent a person from complying with the provisions of the law or any order issued thereto. Additionally, it is also unlawful for persons to resist, prevent, impede or interfere with the agents charged with enforcing the statute, unless there is a “good-faith belief ” that such actions are unlawful or in excess of statutory authority. Finally, it is unlawful for any person to willfully initiate a frivolous or unwarranted charge of discrimination against the public employer.7 WHEN IT RAINS IT’S POUROUS Pervious Pavement Procedure Under FEPA, any public employee who believes they have been a victim of discrimination and is employed by a department, board, bureau, commission, authority or other agency within the State that employs 15 or more employees, each working 20 or more calendar weeks in a current or preceding calendar year, may fi le a written sworn complaint with the administrator of the Commission on Equal Employment.8 The Complaint must be fi led within 180 days from the last alleged act of discrimination.9 The complaint should set out the facts upon which it is based in enough detail to enable the administrator to identify the employer charged with the discrimination. After the complaint is received, the agency is required to investigate the allegations and serve a copy of the complaint upon the charged employer within 15 days of fi ling.10 No later than 90 days after the complaint is fi led, and every 30 days thereafter, the administrator must issue a status report summarizing the actions taken with respect to the complaint. The status reports must be issued until the complaint is resolved.11 The Commission on Equal Opportunity has significant investigatory powers. Those powers include the right to access all records and documents that are relevant to the complaint as well as even having the right to access premises, examine photographs and copy evidence.12 The Finding Ultimately, it is the job of the administrator to determine whether the complaint establishes reasonable cause to believe that the responding employer actually engaged in an unlawful practice. After an investigation, if the administrator ultimately determines there is no reasonable cause to believe that the employer engaged in an unlawful practice, an order is issued dismissing the complaint. The complainant would have 10 days after receipt of that order to move for reconsideration. The administrator would then have to respond to the reconsideration request within 15 days. To the extent that the administrator High permeability concrete that drains quickly Call us for more information: Georgia Concrete and Products Association Ste. 665 at 100 Crescent Centre Parkway • Tucker, Georgia 30084 Call: 770-621-9324 or 1-800-338-2868 26 GEORGIA 359208_Georgia.indd 1 COUNTY GOVERNMENT 12/5/07 8:29:45 PM http://www.gcpa.org

Table of Contents Feed for the Digital Edition of Georgia County Government-August 2008

Georgia County Government- August 2008 Contents President’s Message County Matters Georgia’s Transportation Issues More Critical to Counties than Ever Expanding Rural Airports: Partnering for Economic Development in Upson County Meet DOT Commissioner Gena Abraham Bridge Infrastructure and Risk Counties and the Law: Georgia’s Fair Employment Practices Act Georgia’s Grand Old Courthouses: Coffee County Extension News: Infrastructure Investments Save County Funds Research Corner: Getting the Most Out of Your Research Discover the New Georgia Encyclopedia NACo News Staff News County Parade Index of Advertisers

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