LGBT Employment Discrimination Advocacy in Georgia

Overview of Employment Discrimination Advocacy Groups

Advocacy groups exist in several different forms — some that work on federal issues, and others that are more focused on state issues. States have the right to pass laws that offer protections going beyond federal law; the Civil Rights Act sets the baseline federal standard. As an example, the federal policy on sexual orientation as a protected class relies largely on Equal Employment Opportunity Commission (EEOC) rulings, as it is not explicitly written into federal law. Several states have therefore chosen to write their own employment discrimination laws to extend protections to classes not covered under federal law. State laws may also apply to more companies — under federal law, an employer must have at least 15 employees for the law to apply.

States that lack employment discrimination protections often have advocacy groups fighting at the state level to extend protections to those who have not previously enjoyed them. One such group is Georgia Equality, which has a mission to "advance fairness, safety and opportunity for lesbian, gay, bisexual and transgender communities" (GeorgiaEquality.org, 2016). Georgia is one of 28 states that do not offer protections to workers on the basis of sexual orientation or gender identity. The group works with other like-minded advocacy organizations, including those that have achieved success elsewhere and those working in states like Georgia where no state-level protections exist.

Georgia Equality and the State-Level Fight

Georgia Equality is working at the state level, where it seeks to have the State of Georgia enact a law offering employment discrimination protections for LGBT people. The group notes that the EEOC ruling in July 2015 established that Title VII includes protection based on sexual orientation, but that ruling is only a legal pathway. The specific language protecting LGBT people is not written into the Civil Rights Act, and only a handful of rulings have set precedent. The EEOC is building a body of cases to use as precedent, but gaps in the law remain, and those gaps will take time to fill. Until they are filled — and particularly until LGBT people are granted explicit protections under the Civil Rights Act — discrimination may still occur.

Furthermore, the absence of state-level protections means that state law offers no safeguard against discrimination, either for individuals whose claims are unsuccessful at the federal level or for employees working for organizations not covered by federal legislation. Georgia Equality seeks remedy in the form of a state law that prohibits employment discrimination based on LGBT status. The Georgia Code provides protection from discrimination based on gender and disability, but not on the basis of sexual orientation or gender identity.

Defining the Problem and Advocacy Strategies

The problem is defined as an existing gap among federal rulings, federal legislation, and state legislation that permits discrimination against LGBT persons in Georgia on the basis of their sexual orientation or gender identity. The EEOC rulings provide some protection, but this is a relatively recent development, and without specific statutory language discrimination may still occur in companies covered by federal law. In companies not covered by federal law, there are no protections at all. Georgia Equality focuses on all forms of discrimination against LGBT people, advocating against discrimination in employment, housing, and public accommodation. On the employment front, the group has adopted the federal standard that addresses discrimination in hiring, firing, promotions, and pay as the central issues.

The group has also worked extensively at local levels. It has drafted a model text — the Fair Employment Practices Act — that it wishes to see passed at the state level. In the meantime, it has worked to pass this act in as many of Georgia's cities and towns as possible, affording protections to individuals until the state-level act is enacted (GeorgiaEquality.org, 2016, 2).

In addition to collaborating with local advocacy groups and other state-level organizations fighting the same battle, Georgia Equality has issued a call to action on its website, urging people to contact their lawmakers and express support for the Fair Employment Practices Act. Employers are likely aware of this act, and the group hopes that enough Georgians will reach out to their representatives to demonstrate public support. The organization also accepts donations to finance its activities, including legal counsel, lobbying efforts, and other initiatives designed to elevate the issue in the public arena.

Conclusion: The Road Ahead for LGBT Protections in Georgia

The lawmakers would not have this power if they did not enjoy support among their constituents. The State of Georgia has a discrimination problem, and it basically always has. There are religious communities that preach hostility toward LGBT people, and they hold power within their localities. The reality is that social norms in many parts of the state present a formidable barrier for groups like Georgia Equality. The emotions are irrational but strong, and that is a dangerous combination that keeps the pro-discrimination crowd fiercely opposed to the extension of civil liberties to all Georgians.

It will take sustained effort on the part of advocacy groups like Georgia Equality to improve protections for LGBT people in the state, until such time as social norms shift and pro-discrimination views become a distinct minority position.

References

City of Atlanta (2016). Non-discrimination laws. City of Atlanta. Retrieved from http://www.atlantaga.gov/index.aspx?page=1089

Georgia Code. O.C.G.A. § 34-5-1 (2015). Retrieved from LexisNexis.

GeorgiaEquality.org (2016). Nondiscrimination. Georgia Equality. Retrieved from http://georgiaequality.org/issues/nondiscrimination/

GeorgiaEquality.org (2016, 2). Workplace fairness. Georgia Equality. Retrieved from

Hammel, J. (2016). Athens locals push for anti-discrimination ordinance. The Red & Black. Retrieved from http://www.redandblack.com/athensnews/athens-locals-lead-push-for-anti-discrimination-ordinance/article_94ebf7fe-e07a-11e5-bb9c-474ae5b7230f.html

McDonald, L. (2016). Fight for freedom: Georgia religious liberty bills clash with Athens non-discrimination orders. The Red & Black. Retrieved from http://www.redandblack.com/athensnews/fight-for-freedom-georgia-religious-liberty-bills-clash-with-athens/article_ca9c6c04-cae4-11e5-975a-d3d7b0cc15c7.html