Atlanta, GA: Expanded Anti-Discrimination Protections for Gender Expression and Criminal History

APPLIES TO

All Employers with Atlanta, GA Employees

EFFECTIVE

 October 17, 2022

  

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(888) 378-2456

As of October 17, 2022, Atlanta expanded protections against discrimination to include those based on an individual’s gender expression. “Gender expression” is defined as the physical manifestation of one’s gender identity. “Gender identity” is a person’s internal sense of being male, female, neither of these, both, or other gender(s). Employers should update anti-discrimination policies and have appropriate personnel trained on the current protections.

 

Atlanta also added protections based on an individual’s criminal history. Specifically, employers cannot discriminate based on an individual’s criminal history status, unless the decision was based on how the criminal history related to the position’s responsibilities, including: 1) whether the applicant committed the offense; 2) the nature and gravity of the offense; 3) the time since the offense; and 4) the nature of the job for which the applicant has applied. Notwithstanding, employers are free to make adverse employment decisions based on criminal history status when certain convictions or violations are a bar to employment in that position under state or federal law, including but not limited to positions that involve work with children and positions in law enforcement.

 

Action Items

  1. Review the ordinance here.
  2. Have discrimination policies updated.
  3. Have appropriate personnel trained on the required protections.
  4. Subscribers can call our HR Hotline at (833) 268-5531 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2022 ManagEase