1997-1998 annual report [1998]

GA
(;t.'lOEIc
AI
19'11-98 0.2.-

TABLE OF CONTENTS

Message from the Commission Chairperson

6

Message from the Administrator

7

MiIs10n Statement and Goals

8

Usttng of the Commissioners and Staff

10

Organizational Chart

II

Employment Division

12

Filing a Charge of Employment Discrimination

13

The Investigative Process

15

Mediations for Board of Regents Charges

16

The Hearing Process

17

Case Processing (GCEO and EEOC)

17

Training and Staff Development

17

Public Information Programs

18

Statistics

18

1997 - 1998 Employment Division Performance Highlights

20

Employment Division Case Studies

20

The Fair Housing Division

24

An Overview of Acts Prohibited by the GFHL

25

Filing a Housing Discrimination Complaint

31

The Investigative Process

33

Civil/Administrative Adjudication

34

Statistics

3S

1997 1998 Housing Division f\!orformance Highlights

36

Housing Division Case Studies

39

Appeodkeo

44

A The Georgia Fair Employment Practices Act

44

B- The Georgia Fair Housing Law

51

Contact Telephone Numbers

60

EQUAL EMPLOYMENT

GIA A
1997

FAIR HOUSING
1998
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The time period covered by this report, 1997-1998, is a period about which the Georgia Commission on Equal Opportunity rGCEOW) has cause to feel proud and satisfied. The GCEO accomplishments during that period are numerous, many of which are set out in some detail in the pages that follow. For me, the most gratifying achievements occurred in three areas: litigation, federal recognition,and politics. In the pursuit of justice for victims of prejudice, the GCEO brought a record number of cases 01 intentional discrimination to court. Nineteen cases are currently in active litigation with the Department of Law, plus several more are pending before administrative law judges. The Department of Housing And Urban Development rHUDW),our federal counterpart, recognized this exemplary enforcement effort by granting the GCEO the largest work sharing contract in GCEO historyThis enhanced federal contract will help defray the inevitable increase in expenses associated with our enforcement success. Finally, the election of Roy E. Barnes as Governor 01 Georgia bodes well for the GCEo. Governor Barnes is known for his support of civil rights enforcement,and since the GCEO is directly under the office of Governor Barnes, I am confident that the attainments of 1997-1998 will accurately presage what the future will hold.
Sincerely.

WILLIAM M. OUTLAW, ESQ.
Commission Chairperson

It is with great personal pride and a sense of achievement that I present the Annual Report for 1997-98.As the decade of the 90's draws to a dose, the GCEO is further along in reaching its true potential as an advocate for and protector of the legal rights of Georgians in the areas of equal employment and fair housing. The legal responsibility for enforcing both the Georgia Fair Employment Practices Act and the Georgia Fair Housing Law requires that the GCEO manifest its authority statewide.To achieve this end, numerous partnerships have been formed with both public and private organizations in places like Macon, Savannah,Augusta, Columbus,Albany,Valdosta,Atlanta,and Dalton, to name only a few. Outreach and training activities abound throughout the state.
Our mission is much larger than just investigating instances of alleged discrimination. Education and technical assistance are key components of our mission. We have found that voluntary compliance with the applicable laws is greatly increased when training and other educational activities are provided to employers and individuals, businesses and organizations covered by the GCEO's two statutes. However,education alone is not always the solution. In addition to educational activities, we provide "hands-on," event-specific technical assistance to covered businesses and individuals in order to help bring them into compliance.
While our preference is to do those things which bring voluntary compliance with the housing and employment laws, violations of the laws still do occur.To this end, we investigate allegations of discrimination and, when we determine that there is reasonable cause to believe that illegal discrimination has taken place, we engage in various forms of alternative dispute resolution.Then,should mediation and the like fail, we regularly litigate cases in state and federal courts, as well as through Georgia's Office of State Administrative Hearings. During the period covered by this annual report, the Commission received favorable decisions for all litigated complaints of discrimination.
We hope that our broad-based approach to the dissemination and enforcement of these statutes will generate more compliance by a knowledgeable public and fewer violations by an ignorant few.Atthe same lime, we will continue to use every legal means available to redress the grievance of those men, women, and children who have been the unfortunate victims of illegal discrimination in Georgia.

Mustafa A. Aziz, J.D.
Adilli/lislf(lior

rf

MUSTAFA A. AZIZ, J.D.

~

Adminislralor

,

(I

GOVERNOR ROY E. BARNES Inauguration Address, January I /, /999
"
... 010 WE INSPIRE YOU, OUR LEADERS OF TOMORROW, WITH THE IDEA THAT INTEGRITY STILL MATTERS... THAT FAMILY VALUES STILL MATTER ... THAT STANDING UP FOR YOUR NEIGHBOR,
NO MATTER WHAT RACE OR RELIGION, STILL MATTERS? .. FOR TODAY, WE ARE NEITHER DEMOCRATS NOR REPUBLICANS; WE ARE GEORGIANS. WE OFFER SEATS AT OUR TABLE TO A BROAD
AND DIVERSE COALITION. WE REMIND THOSE WHO PLAY WITH THE FIRE OF RACIAL HATRED THAT THEY WILL SURELY BE BURNED.
"

G E OR G I A COMMISSION
o N E QUA L OPPORTUNI T Y
To eliminate discrimination in state employment and residential housing.
To efficiently and swiftly investigate and prosecute claims of discrimination within
our jurisdiction in accordance with current laws.
To conduct all GeEO affairs in a professional and responsible manner. To pursue justice for all persons protected by the Fair
Employment Practices Act and the Georgia Fair Housing Law.

GeED STAFF FOR 1997-1998 ANNUAL REPORT

".. .ensure equal opportunity to all Georgians in their quest for employment with the State and residentiailiousing... ~

Administration Mustafa A.Aziz, Esq.- Administrator Daniel N. Thompson, Esq. - Deputy Administrator
Gail Tillis - Computer Network Coordinator Caroll L.Scales - Administrative Coordinator Wanda Jones - Receptionist
Employment Division Staff Usa L . Burroughs - Division Manager
WaH. Khadeem - Assistant Division Manager Todd Garrision -Intake Coordinator Carla Miller -Intake Officer Owen Knowles - Compliance Officer Shirley A. Lee - Compliance Officer Chimve Okwesa-zackery - Compliance Officer Tanya Franco - Compliance Officer
Fair Housing Division Staff Mark J. Cicero, Esq. - Division Manager Judith A. Harris - Assistant Division Manager
Penelope Hughes, Esq.-Intake Coordinalor Stephanie Randolph -Intake Officer Dorothea Harrod - Senior Compliance Officer Savina P.Playter - Compliance Officer Karen R. Reekley . Compliance Officer
Elena Mushkin, Esq.- Hean'ng Officer
Board ofCommissioners
William M. Outlaw, Esq.- Chairman Dr. William C. Brown Norma Mobley-Driebe
Jeffery A. Felser, Esq. Stephen Katz, Esq.
Edward C. London,J.D., CRA.,CREM. Patricia McCrory, CPM Brenda Hodges-Tiller, Ph.D. Rev. Brenda Iglehart-TIlOmas, M.Div.

GCEO ORGANIZATIONAL CHART

GOVERNOR

/ B0o"'"o

/

COMMISSIONERS

ADMINISTRATOR

EMPLOYMENT DIVISION
p\
DIVISION MANAGER

DEPUTY ADMINISTRATOR
COMPUTER COORDINATOR
ADMINISTRATIVE COORDINATOR

ASSISTANT DIVISION
MANAGjE,;;R_..J

ASSISTANT
DIVISION MANAGER

RECEPTIONIST

COMPLIANCE OFFICERS

INTAKE COORDINATOR

INTAKE OFFICER

INTAKE COORDINATOR
INTAKE OFFICER

COMPLIANCE OFFICERS

HEARING OFFICER

Il

EMPLOYMENT DIVISION
The GCEO administers and enforces the The Georgia Fair Employment Practices Act (FEPA) of 1978, as amended, which makes it unlawful for a slate agency to discriminate in any aspect of employment against any individual on the basis of race, color, religion, national origin, sex, disability, or age. The FEPA "mirrors" the action and rernedies of Title VII of the Civil Rights Act of 1964 prior to the 1991 amendments, as well as the protections offered by the Americans with Disabilities Act (ADA) as relates to employment, and the Age Discrimination in Employment Act (ADEA).
Unlawful discrimination in employment damages both the individual and society in myriad ways, not least of which is the shame and humiliation experienced by the victim, feelings that diminish thai person's ability to function in every area. Society is damaged by the unwarranted and foolish refusal to accept an individual's talents and efforts merely because of race, sex, religion, age, disability, or nation of origin. It is especially important for the State to create a law and agency to police itself in this maller, because discrimination in

state employment undercuts the whole notion of the government's legitimacy as fairly representing the needs and interests of its citizens.
Specifically, the FEPA prohibits discrimination by an agency of the State of Georgia on the basis of race,color, religion, national origin,sex.disability,or age in the selection,discharge,discipline or other term or condition of employment. The FEPA also forbids any advertisement of employment by a state agency that indicates any preference, limHation,specification,or discrimination based on race, color, religion, national origin,sex,disability,or age. Similarty,state agencies are not allowed to discriminate in the selection for or operation of training or apprenticeship programs. Lastly, it is unlawful under the FEPA to retaliate or discriminate in any manner against a person because the person has opposed a practice declared unlawful by this article or because the person has made a charge, filed a complaint, testified,assist ed,or participated in any manner in any investigation, proceeding. or hearing concerning an unlawful practice under the FEPA.
Additionally, the FEPA's prohibition against discrimination in state employment against persons with disabilities has been interpreted by the GCEO as being substantially similar to the protections offered by the federal ADA. State agencies are required to provide reasonable accommodation lor qualified individuals having disabilities. A qualified individual is generally defined as one who can perform the essential elements of the job either without accommodation or with reasonable accommodation. The GCEO relies heavily on federal decisional law to interpret these concepts.
As can be seen. the FEPA, like other laws prohibiting discrimination in the workplace, is a very complicated and subtle law. Our staff assists the potential charging party (PCP) in determining whether a viable claim exists by identifying issues and bases lor the lormal charge.

FILING A CHARGE OF EMPLOYMENT DISCRIMINATION
As under the federallitle VII,the PCP must file a charge 01 employment discrimination within 180 days of the most recent discriminatory act. Failure to file within that time will prevent any claim under the FEPA.1
During the intake process, a pcp must allege sufficient facts which state thatlhe alleged conduct is unlawful under the Act. Very generally, the pcp must be a member 01 a protected class, must have suffered a harm caused by the respondent and this harm must have been based, at least in part,on the

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PCP's protected class? To show that the harm is inflicted on the PCP because of race, color, religion, national origin,sex,disability,or age, the PCP will usually have to be able to say that they are aware of a similarly situated person not in the pcp's protected class who has not experienced the harm suffered by the PCP.
For example,a PCP may allege that he is paid less than other employees because of his race. He will have to give some reasonable basis for this belief, such as by pointing out some other similarly situated employees of another race who are paid more. As another example, a woman may allege that she is being sexually harassed. She will have to demonstrate that she is suffering objectionable treatment because of her sex, usually by alleging either unwanted sexual conduct or by pointing out that similarly situated men are not subject to the same treatment.
This is known in the law as alleging a prima facie case, meaning~on their face~the facts demonstrate that the employer may have violated the Act by engaging in unlawful discrimination. The PCP cannot complain of unfair treatment. But it should be emphasized that determining the elements of a prima facie case of employment discrimination is often very complicated. Employees who feel that they have been discriminated against by a state agency should call the GCEO for an evaluation by our intake staff rather than attempting to reach their own conclusions,
Most of our charges of employment discrimination come to us when the PCP either telephones or mails information to our intake staff. The Employment Division of the GCEO may be reached at our local telephone number, 404-656-1736, tollfree at 1-800-473-0PEN, or by mail at Suite 710 - International Tower, 229 Peachtree Street, NE, Atlanta, Georgia 30303-1605. This contact prompts the GCEO to send an Intake Questionnaire to the PCp, which is designed to provide us with the information we will need to draft an initial charge and begin an investigation. Sometimes, the intake staff, drawn from our mosl experienced investigators, also conduct interviews of the PCP. '111e information so gathered is distilled into a formal charge of discrimination, which is sent to the PCP for review and signature. Only after we receive a signed charge of discrimination do we make contact with the defendant,called a ~respondent,~
TIle charge of discrimination is then served on the respondent by certi fied mail. With the charge is typically an initial request for information to the respondent. After service, the charge, along with all the information and documents gathered by the intake staff, is transferred to a Compliance Officer eCOW) for investigation.
'A I'rol<'<led d~$' I. a Y""'I' dl$lInyul.hed hy r~ee. coin., .ellylon. n"lIon.1 o.lyln. IOC. dl hUlly, 0. all'!. I" oH,e. WO.dl, a PO' ehylny lhal he hM heen dl..,lml,...Ie<ll1jlal....l becauseol his Ie, I. d.lmlny membershIp <>llheclass romposed 01 men, dlilinguished by lhel. <ex.

THE INVESTIGATIVE PROCESS
lhe CO investigates charges filed with the GeEO, usually starting the task by reviewing the intake information and the response to the initial request for information to the respondent. During the course of the investigation, the CO may send additional requests for information to both respondent and PCP, now called simply a ~charging party" or~CP", may conduct interviews of either parties and their witnesses,and may even go to the work site of the parties. AI no time is the CO an advocate of either party's position; as an agent of the GeED, the CO's role is simply to ascertain the facts of a given situation and determine,as well as possible, the intent and actions of the parties and the witnesses as relates 10 the allegations of the CP's charge.
The specifics as to what information the CO requests or who the CO will interview is left to the trained discretion of that inve::;tigator. The CO may not find it necessary to interview all witnesses proposed by a party. On the other hand, the CO may consider it necessary to make several requests for information from a party or witness, asking new questions as new evidence is revealed. In all cases, the focus of the investigation is on the specific elements of the prima facie case; if anyone of those elements can be disproved, no further investigation is needed. In this way, the GCEO can offer CPs the fastest evaluation of their claim while avoiding burdening a respondent with unnecessary and irrelevant demands for information.
Although the GCEO strives to have a cooperative relationship with the respondent agencies, the CO is authorIzed by our statute to compel that cooperation. Specifically, the FEPA gives the Administrator the power"[tJo require answers to interrogatories, examine witnesses, and require the production of documents; and makes obstructing, lying, or interfering with an
investigation a misdemeanor. O.C.G.A. 45-19-27(11),45-1944 (b). If a state
agency should ever refuse to cooperate with a GCEO investigation, the power of the Governor and the Attorney General can be brought to bear.
Once the CO has gathered sufficient information, the CO compiles a draft Investigator's Memorandum CIM").This document details the facts discovered during the investigation and applies current law, usually borrowing heavily from federal case law,to those facts.Then,in consultation with the Employment Division Manager, the CO reaches a proposed recommendation as to whether an act of unlawful discrimination has occurred.
At that time, this proposed recommendation is communicated to party to whom that recommendation is adverse, requesting any new information that would justify a reconsideration. If new information is provided, and a reconsideration is warranted, the 1M and the recommendation may be modified.lf no new information is provided, or if the new information is of insufficient weight, the CO's recommendation is confirmed.

Once that phase is complete, the CO's recommendation is given to the Administrator for an ultimate finding in the case of "reasonable cause~ oruno reasonable cause.~ The Administrator may adopt that recommendation or may order further investigation.
If the Administrator finds"no reasonable cause,~the charge is dismissed and the results of our investigation is sent to the U.S. Equal Employment Opportunity Commission (EEOC). In virtually every case, the EEOC adopts the Administrator's finding and issues their own "no cause" determination and notice of a right to sue,'
[f the Administrator finds that there has been a violation of the FEPA. thereby making a "cause" finding, the GCEO contacts both parties to determine whether the case can be conciliated, mediated, or otherwise settled.' If
settlement is not a viable option in a particular cause case, the GCEO will support the efforts of the charging party to obtain relief by either assisting the charging party in locating counsel to represent him in state or federal court or by arranging for an administrative hearing before a special master.
At any time in the process, the charging party may request that the case be waived to the U.S. Equal Employment Opportunity Commission for that agency to process,or to obtain a notice of a right to sue.

MEDIATIONS FOR BOARD OF REGENTS CHARGES

The Board of Regents (BOR) has created a mediation program to assist all parties involved in expediting the case through a mutual settlement agreement. the Charging Party and Respondent may select a trained mediator from a list of mediators who are employed within the University System of Georgia and who have knowledge about the work environmenl.111e selected mediator is never affiliated with the institution that has been charged with discrimination.

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Although GeEa cannot require mediation as a precondition for persons who wish to file charges, GeEa endorses viable alternative dispute resolution methods.Therefore, GeEa encourages Charging Parties from the BOR to utilize this mediation program prior 10 GeEa pursuing an investigation. If the
case is not successfully sell led through the mediation process, GeEa will
complete the investigation.5
THE HEARING PROCESS
In the past, the Administrator would ask the Governor's office to select, from a panel of attorneys, one to sit as a Special Master.The panel of Attorneys is a list validated and sub milled by GCED's Board of Commissioners. The Special Master has the power to order relief for the charging party or he/she can reverse GCED's initial cause determination.
TIle hearings so conducted are governed by the Georgia Administrative Procedures Act, allowing for service and response, discovery and deposition, and the recordation of the proceedings.The Special Master has the power to grant injunctive relief,such as a hiring, promotion, or the creation of a plan to correct the discriminatory act,as well as monetary relief, limited to two years of back pay, if applicable, and actual monetary damages arising from the discrimination.
Currently,Administrative Law Judges from the Office of State Administrative Hearings will be appointed to conduct GCEO administrative hearings. TIley will exercise the same powers as the Special Masters.
CASE PROCESSING (GCEO AND EEOC)
The GCEO is the only statewide FEPA in Georgia which has a worksharing relationship with the EEOC. Under the terms of an annually renewed contract, the EEOC agrees to partially reimburse the GCEO for investigating a predetermined number of cases jurisdictional to both agencies. This contract prevents duplicative and wasteful investigations by both agencies regarding the same cases and helps defray a small amount of the GCEO's cost of operations.
TRAINING AND STAFF DEVELOPMENT
The nature of the specialized and evolving work done by the GCEO requires that our staff receive a continuous flow of training and information.
Neilher lhe 1I0R IOedlalion program nor any nlher Inlemal g",vance procedure cl'anges or lOlls tile 180 day liling requireme"l under the ~'EI'A or ntle VII.

TIle recent changes in the law regarding sexual harassment, in particular, have prompted the Employment division to attend seminars and in-house training sessions to incorporate the Faragher holding into the GCEO's case evaluations.' Additional information was gathered on this and other salient topics at the annual EEOC conference in Washington, DC, which was attended in 1997 and 1998 by the Administrator and the Employment Division Manager.
The GCEO participated in the development of a training class by the Georgia Merit System for state agency managers on sexual harassment deteelion,prevention,and remedy. This class became available to state employees in the Fall of 1998.
The agency continues to maintain updated library materials specifically related to Fair Employment Practices. As new cases are reported regarding employment discrimination, the Employment division sponsors ongoing internal training to make sure all investigators are up to date on prevailing la\'1. Additionally, each investigator has seleeted a specialty in which to become expert,such as disability accommodation,sexual harassment. or reduction-inforce, Ihereby allowing thai person to be an in-house resource for the entire GCEO on that topic.
PUBLIC INFORMATION PROGRAMS
The GCEO has updated it's slock of training malerials during the 1997-98 period Ihal are used to conduct seminars lor other state agencies on the prevention of illegal discrimination. The GCEO considers requests for information and training as ways to keep simple grievances Irom becoming complaints of discrimination. Furlhermore,our staff members are always ready and willing 10 offer advise to supervisors and HR personnel as to the legality
01 prospective actions they may be contemplating.
1997-1998 EMPLOYMENT DIVISION PERFORMANCE HIGHLIGHTS
The GCEO's worl,sharing agreement with the federal EEOC for the federal fiscal year ending September 30, 1998.called lor the joint processing of 145 cases, an amount the GCEO exceeded. Although the agreement for federal fiscal year ending September 30,1999 has not yet been finalized, the GCEO can confidently expect the case total to be in excess of 150 cases.l GCEO

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DISCRIMINATORY ISSUES FILED DURING 1997 -1998

"97 DISCHARGE "98

"97 DEMOTION "98

DISCIPLINE

"97 "98

"97 TRANSFER "98

HARASSMENT

"97 "98

)

"97 HIRING "08

PROMOTION

"97 "98

SEX HARASSMENT "97 "98

TERMS & CONDo "97 "98

WAGES "97 )
"98

OTHER "97 "98

63
) - - 86
18
21 06
5 7
2' 20
47 74
66 13
24 8
53 53
4 12
30 22

DISCRIMINATORY BASES FILED DURING 1997-1998

RACE "97 "98

RELIGION "97

)

"98

)

NATIONAL ORIGIN "97 "98

RETALIATION "97 "98

SEX "97
"98

DISABILITY "97 "98

AGE "97
"98

)-- 90 )--- 88
7 9

12 12

)

68

)

67

)--- 86 67

33 27

53 37

investigations during the 1997 and 1998 calendar years resulted in a total of 18 findings of reasonable cause, meaning that the GeEO had found reasonable cause 10 believe that a discriminatory act had lake place. The charging parties in those cases subsequently requested, and received,a nolice of a right to sue, allowing them 10 proceed into stale or federal court.
Eleven of the GeED investigations resulled in a settlement between the parties. During the period of 199798, the GeED enforcement activities gathered over 587,190 as compensation to victims of discrimination.

1997
TOTAL 361
1998 TOTAL
310
1997
TOTAL
349 1998
TOTAL
307

Administration Office Georgia University - Athens
f'I'OIQ: Gewlli<J DefJ<Jrlmelll oIllt1lustry. T"'de & Tourism

1997-1998 EMPLOYMENT DIVISION PERFORMANCE HIGHLIGHTS
The GCEO processed 379 claims of discrimination during the period of this report, 221 in 1997 and 158 in 1998. Of those 379 claims, II claims resulted in a binding settlement agreement and 18 ended in a finding of "cause". Almost invariably,a ~cause determination is a precursor to litigation in federal district court~.
Additionally,62 cases were administratively closed. While this sometimes happens when a charging party hPcnm~ unavailable or decides not to pursue the action, in 46 cases, a notice of a right to sue was requested by the charging party. This usually means that the information gathered even at the beginning of the investigation is revealing enough that the charging party elected to proceed directly to federal district court.
EMPLOYMENT DIVISION CASE STUDIES
Below is a sample list of Negotiated Seulements and Reasonable Cause Determinations issued by the Administrator during the 1997 and 1998 calendar years. Please note that although the negotiated settlements were identified as no fault settlements, they were potential cause cases.
Settlements Case #1
Individual charges were filed by two Charging Parties who alleged that race (White) was a factor in Respondent's decision not to select them for the position of Security Officer I. Both Charging Parties were paid a total of
$26,590.00.
Case #2 Charging Party alleged that her sex (female) and age (40) were factors in
Respondent's decision not reinstate her as a temporary Maintenance Worker. Charging Party was granted reinstatement rights following a lay-ofl. Respondent offered and Charging Party accepted a temporary Maintenance Worker position.
Case #3
The Charging Party alleged that her sex (female) was a factor in Respondent's decision not to renew Charging Party's contract for the 19971998 school year,serving as an Associate Professor of Philosophy. Respondent withdrew the leiter of non-renewal and provided the Charging Party with a nine (9) month Associate Professor contract salary for the academic year
1997-1998 of $45,600.00_

Atlanta Skyline
PhQIr)." Georgiu Depor/melll of /m/us/ry. Tmde & Tourism
Case #4 The Charging Party alleged that her disability (epilepsy) was a factor in
Respondent's decision to discharge Charging Party from the position of Senior Clerk. Respondent reinstated Charging Party.

Georgia General Assembly
PIIO/o: Georgia De/X,,/merll of I"duslry. Tmde & TouriSIll

Case #5,
The Charging Party alleged that she was unlawfully retaliated against lor protesting age and sex discrimination when Respondent failed to select Charging Party for the position of Director of Food and Beverages Services. Respondent agreed to pay the Charging Party a lump sum of $15,000.00 as settlement.

Reasonable Cause Determinations Case #1:
Charging Party filed a discrimination charge based on age (68) when Respondent terminated him from his position of Division Director,saying that Charging Party had committed sexual harassment. Charging Party denied the accusations and maintained that he was aware of a younger employee who was also accused of sexual harassment, and who was not disciplined as harshly. Respondent stated that Charging Party was discharged as the result of an investigation which determined that Charging Party had com milled sexual harassment in
the workplace. Respondent also denied that any other employee had ever been
accused of sexual harassment. Evidence revealed that there was a younger similarly situated employee who had been accused of sexual harassment and who did not receive any disciplinary action. Upon GCEO's cause determination, the Charging Party requested a Notice of Right to Sue.

Case #2, Charging Party alleged that Respondent discriminated against her
because of her race (Asian) and national origin (China) by failing to select her for the position 01 Laboratory Associate. Respondent asserted that Charging Party was not selected because she did not demonstrate the managerial maturity to supervise the entire staff. Respondent also asserted that Charging Party displayed a tendency not 10 stay focused on her work and has spent a 101 of time pursuing non-work related activities. Respondent maintained that the Selectee had a good management philosophy and seemed to grasp the fundamentals that are needed 10 be an eUective professional manager. The investigation did not support Respondent's position regarding Charging Party, nor did the evidence support their contentions regarding Selectee. Further, Charging Party's most recent performance evaluation revealed that Charging Party was raled as having exceeded expectations in the area of "Management Responsibility~,and also slated that Charging Party had "gone beyond the call of duty to manage a good working environment with people she has supervised".The perlormance evaluation made no mentioning of any poor work habits. Upon GCED's cause determination, the Charging Party requested a Notice of Right to Sue.
Case #3,
Charging Party alleged that she was sexually harassed by her supervisor and that she was subjected to retaliation for testifying in an internal investigation that was filed against her supervisor by another employee. GCEO's investigation revealed that there was no change in treatment during the time period in question and therefore, Charging Party's claim of illegal retaliation was unfounded. However, the investigation supported Charging Party's assertions of sexual harassment.

EMPLOYMENT CLOSURES 1997 -1998

SETTLEMENTS

'97 '98

'97 No CAUSE '98

ADMIN.

CLOSURE

'97 '98

'97 CAUSE '98

}--122
3.
2'
11
7

1997 TOTAL 221

1998 TOTAL 158

There was direct evidence of 3 olher employees being sexually harassed by the same supervisor;and there were 3 employees who witnessed or who were aware of the inappropriate sexual behavior conducted by the supervi sor which created a hostile working environment. Evidence indicated that Respondent took action to move the supervisor away from the Charging Party and shortly thereafter; the supervisor resigned. Under the Fair Employment Practice Act of 1978,as amended (FEPA),there was no further relief for the Charging Party. Charging Party requested a otice of Right to Sue upon GCEO's cause determination on the sexual harassment portion of the charge.
Case '4,
The Charging Party alleged that the Respondent discriminated against him because of his race (Black) by failing to select him for one 01 three positions (Assistant Director and 2 Tax Conferee positions).Charging Party also alleged that he was retaliated against for having filed previous charges of discrimination against Respondent. Respondent denied all charges and asserted that all three Selectees (White) were better qualified than Charging Party.The investigation revealed Ihat no violations had occurred when Respondent failed to select Charging Party for the Assistant Director and one of the Tax Conferee positions. However, evidence showed that in the other Tax Conferee position, Charging Parly met and exceeded the minimum qualifications while Selectee did nol meet the minimum qualifications of training and experience.The Charging Party was issued a Notice of Right to Sue Letter.
Case #5: The Charging Party alleged race (Black) discrimination when
Respondent proposed an adverse action against Charging Party for misconduct and insubordination which resulted in a reduction of pay grade for one year. Charging Party stated that the incident that was alleged to be an act of misconduct and insubordination on his part was considered to be the normal behavior lor others. Further, Charging Party stated that he was aware of a similarly situated White employee that committed the same offense for which he had been accused and who had not been disciplined as harshly as the Charging Party. Evidence revealed that two White employees had commilled the same offense and received a less harsh penalty for the same offense; one was given a written reprimand and the other did not receive any adverse action. Through GCEO's investigation, it was also revealed that at least two other Black employees were also accused of the same violation as Charging Party and too were treated more harshly than the Whites who violated the same practice.Subsequently,GCEO issued a reasonable cause determination.

A large number of polenliol "cause" delerminalions are administrQlively closed every year, because the Clwrging Parlies have secured counsel and want 10 go direclly inlo federal court.

Phoio: GftNgia Depart"",rI/ a/lndrwry. Trode & TootUm
THE FAIR HOUSING DIVISION
The Fair Housing Division enforces the Georgia Fair Housing law (GFHL), which prohibits various forms of discrimination in residential real estate transactions on the basis of race, color, gender, national origin, religion, disability, and familial stains (the presence of children under 18 in the household). The Georgia Fair Housing Law is substantially equivalent to Tille VIII of the Civil Rights Act of 1968, as amended (the "Fair Housing Act"), and certain portions of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The Fair Housing Act, the ADA, and Section 504 prohibit the same types of discriminatory practices as the GFHL, only on a nationwide basis.
Discrimination strikes at the dignity of the individual. It says to the victim that no matter how much money you have,no matter what your social posi tion,you cannot live here. Being the victim of housing discrimination can be very traumatic.TI)e victim is denied one of the basic necessities of life (shelter) and a fundamental freedom (the right to live where one chooses).
Housing discrimination also inflicts a societal injury by increasing the cost of providing community services, such as public education and health programs, by unreasonably influencing the value and use of real estate,and by increasing the incidence of poverty and violence.
The purpose of the Georgia Fair Housing Law is 10 protect each person's right to personal dignity and freedom from humiliation, as well as the individ-

uars freedom to take up residence wherever the individual chooses. The GFHL prohibits discrimination in housing based on race,color,gender, national origin, religion,disability,and familial status (the presence of children under 18 years of age in the household).A wide range of discriminatory practices are prohibited, affecting a variety of persons and businesses. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers and sellers, landlords and tenants all are affected by the GFHL.,and need to know their respective rights and duties under the Act.
The Fair Housing Division conducts public training and outreach, as well as seminars tailored for certain types of housing providers, such as apartment management companies and real estate agents. However, the bulk of the Fair Housing Division's activities are directed at investigating and resolving allegations of discrimination in housing.The GeED is, first and foremost,a law enforcement agency.
An Overview ofActs Prohibited by the GFHL
The Georgia Fair Housing Law is a complex statute, which prohibits a very large array of discriminatory housing practices. Fully discussing all of the possible types of violations would be far beyond the scope of this report. However, a summary description for each category of violation is provided, below. For those readers who are interested in further detail on this topic, a copy of the statute itself has been included in this report. As mentioned earlier in this report, Ihe GeEO will also provide guidance 10 groups on request. Our staff is, 01 course,available 10 discuss particular issues wilh callers on an individual basis.
It should be noted that the fair housing laws, both state and federal, were never intended to guarantee that everyone will have a right to live in any particular community or property. It is both legal and justifiable for a housing provider to refuse to rent or sell to unqualified purchasers or tenants, just as it is proper for a housing provider to enforce its own lease provisions and community rules (so long as they are enforced in an even-handed manner). In fact,it is not uncommon for individuals to mistakenly equate~fair housing~ with ~faimess~in general.The two do not necessarily coincide. For example,if a housing provider is generally derelict in its duty to make repairs or to maintain the common areas,and this failure affects all of the tenants equally, the GFHL does not provide a cause of action. Further,certain bases are not covered by the GFHL.,such as marital status, sexual orientation, and age.
Therefore, it is not illegal under the GFHL to discriminate on those bases,
though other federal,state,or local laws may apply.

Country Home - Millegeville
Photo: Gwgia Department oIlndl4lry. Trode" Tounsm

Unless otherwise indicated, all of the discriminatory practices discussed in the following pages are prohibited by the GFHL on the bases of race,color, gender; religion, national origin,disability,and familial status (the presence of children under the age of 18 in the household).The Act also contains certain requirements and prohibitions which affect only those persons with disabilities.
Refusal to Rent or Sell
It is unlawful to refuse to rent or sell a chvelling 10 an individual due to that person"s membership in a protected class. While an outright refusal to rent or sell is relatively easy to prove, this section of the Act also prohibits more subtle practices designed to make it difficult or impossible to obtain housing, such as applying rental criteria more strictly when reviewing a rental application or applying underwriting guidelines more stringently in order to deny a mortgage loan. Another common violation covered is the provision of false information regarding the availability of a dwelling. It is also illegal to attempt to discourage someone from renting or buying, by purposefully failing to discuss amenities or marketing incentives which may be in effect.
Steering
Steering occurs when a housing provider encourages a person to rent or buy somewhere else, or dissuades the individual from doing so in a particular community or locale, because of a prohibited basis, A common example would be to inform a prospective purchaser or renter that they~wouldn't be happy here~ or~the community up the street might be better for you: It should be noted that, for real estate brokers,a broker may show he or she was serving customer preferences,so long as the broker was not encouraging those preferences. Steering can also occur within one community. For example, if an apartment complex tends to place families with children in a certain area of the property, thereby segregating them,steering has occurred.
Panic Peddling (Blockbusting)
Panic peddling and Blockbusting are efforts to induce white homeowners to sell their homes generally at a reduced price by telling them that other whites are leaving and that the neighborhood will soon be virtually all black (or all Hispanic.etc,).lllis type of predatory marketing tactic damages society as a whole by promoting segregation,and interferes with each person"s right to inter-racial association.
Exclusionary Zoning
Zoning that operates to exclude a class protected under the law may be illegal. It is clear that purposeful exclusionary zoning rooted in a prohibited

Georgia State Capital
Phow: GeOrgiel De/XJrlmelll of Indlls/ry. Trade & TOllri.<m
basis is illegal under the Act.Also,zoning could violate the GFHL if it is shown that it has a disparate impact on a protected class or by showing that it perpetuates segregation in the community. Many cases of this type involve attempts to keep group homes for the disabled out of a particular community.
Different Terms or Conditions in Rental or Sale This type of violation involves treating one renter or buyer differently
than others because of their membership in a protected class. Terms and Conditions type complaints can,generally, be broken down into two categories: (1) unequal provision of services; and, (2) the application of different terms in a sale or rental. Frequently-occurring examples would include: providing different levels of maintenance services; charging one class a higher rent or deposit amount; or subjecting rental applicants to more rigorous scrutiny due to their membership in a protected class.~Terms and conditions~ type complaints are very frequent,due to the broad range of practices covered by this provision.
Discriminatory Statements and Advertising In connection with the sale or rental of a dwelling, it is prohibited to make
any statement indicating a preference or limitation grounded on a protect-

ed basis. This would include making a statement such as"I'd prefer not to rent to people with kids" or"l can't rent to blacks, because my neighbors wouldn't like it.~ It also violates the GFHL to advertise in such a way as to indicate such a preference or limitation.The most obvious example of this would be to post a sign saying"whites only~or"no kids." Incredibly, this type of behavior still occurs. However, it is also possible to violate this provision of the Act by using all-white models (thus indicating a preference for whites) or featuring only couples,but no children in one's advertisements (which could discourage people with children from renting or buying).
Coercion, Intimidation Qr Interference
This is arguably the most serious type of conduct prohibited by the Act. This involves the making of threats of violence or harassing someone because of a prohibited basis. Such behavior could include physical assaults, cross burnings, threatening telephone calls, and vandalism. Not only are these actions prohibited by the GFHL, but they may also violate one or more crimi nallaws.The Fair Housing Division will refer such matters to the proper criminal authorities, when the circumstances dictate. Interference involves engaging in behavior designed to interfere with another's right to make use of his or her dwelling. One example would be one tenant constantly making false complaints against a minority neighbor, in order to cause the landlord to evict the protected tenant.
Retaliation It is prohibited by the Act to take any kind of adverse action against
someone because they have filed a fair housing complaint with the GeEO or HUD, or because they have cooperated in the investigation of a fair housing

complaint. For example, if a tenant files a fair housing complaint against the landlord,and the landlord terminates the tenant's Lease Agreement without legitimate reason, the landlord will probably be charged with retaliation under the Act.This particular provision also operates to protect "whistle-blowingn employees who work for a party covered by the Act. It should be noted that the GFHL also makes it a violation of criminal law to refuse to obey a lawful order of the Administrator or to intentionally provide false or misleading information to a Fair Housing Division Compliance Officer. This type of conduct interferes with the GCEO's ability to investigate complaints and to enforce the Act,and we take this type of violation very seriously.
Financial and Brokerage Service Discrimination
The denial of certain financial services can have the effect of denying housing to the individual. For example, refusal to lend money for a mortgage note prevents a potential purchaser from obtaining a dwelling. If the refusal to lend mortgage funds was due in part to the applicant's membership in a protected class, the refusal to lend violates the Act. Similarly, it is prohibited to treat applicants differently from non-protected applicants because of a prohibited basis. For example, if a lender approves a mortgage loan for a particular applicant, but denies a loan to a protected applicant with similar income and credit history, discrimination may have played a part in the decision.
Redlining
This prohibited conduct also involves lending institutions. However, insurance companies who provide home insurance could also be pursued under this theory."Redlining" involves a practice whereby loans or insurance coverage are denied based upon the character of the neighborhood. [n effect, the lender or insurance company is refusing to do business in a particular area due to the presence 01 minorities. Another type of redlining involves charging higher rates or fees for persons living in such areas, if the increased fees or rates are based in any way on the racial make-up of the community.
The following three requirements or prohibitions found in the GFHL apply only in instances of alleged discrimination on the basis ofdisability:
Failure to Make Dwellings Accessible
This requirement under the GFHL is of crucial importance for architects and housing developers. Multifamily dwellings with four or more units must provide basic accessibility to persons with disabilities, if the buildings are ready for first occupancy after March 13,1991. Such accessibility includes all of the following: 1) one entrance to the building on an accessible route;

2) accessibility to public areas such as a lobby or swimming pool; 3) a door wide enough to accommodate persons in wheelchairs; 4) accessibility to each unit on the ground floor (unless there is an elevator, in which case all of the units must be accessible); 5) sufficient reinforcement in bathroom walls to allow a tenant to install grab bars where needed; 6) light switches and other controls located low enough for use by handicapped persons; and, 7) kitchens and bathrooms designed so that a wheelchair user can maneuver within the space. Developers and architects should note that both the builder and the designer can be held liable for construction of a covered multifamily dwelling which does not meet these requirements.The remedy in such a case is to require that the building be renovated in such a way as to bring it into compliance with the Act.The cost of overlooking these requirements could be extreme. Because this is such a technically complex area of the law, designers and developers may wish to confer with the Fair Housing Division on these matters.
Failure to Make Reasonable Accommodations A landlord or housing provider cannot refuse to make reasonable excep-
tions or changes in rules, policies,services, or practices, when these accommodations are necessary to allow a person with a disability an equal opportunity to use and enjoy the housing. However, it must be noted that a request for such accommodation is a prerequisite to violating this section of the Act. For example, suppose that a visually impaired female seeks to rent a dwelling from a housing provider who does not permit Upets~ of any sort, and she makes use of a seeing eye dog. She asks the housing provider to make an exception to their prohibition against animals, as an accommodation to the applicant's disability. If the landlord or housing provider refuses to make an exception to this rule, a violation of the Act has occurred. This is because the accommodation requested by the protected individual was reasonable, and was necessary for her use and enjoyment of the dwelling.

Failure to Allow Reasonable Modification A landlord or housing provider must allow a disabled lenant to make,at
the tenant's expense, reasonable modifications or changes to the unit or property that are necessary 10 afford the disabled person full enjoyment of the premises. Such modifications might include the installation of a curb ramp, lowering kitchen cabinets, widening of exterior and interior doorways, and installation of grab bars in the bathroom. If iI is reasonable, the tenant may be required to restore the premises to its original condition (upon vacating the premises).A landlord may require a tenant, in cases where extensive modifications are done. to place in an escrow account an amount sufficient to cover the cost of returning the dwelling unit back to its original condition. For example, suppose a physically disabled man whose mobility is impaired, wishes to create a handicapped parking space near to his unit,so that he can make use of and enjoy the dwelling. The landlord or housing provider is required to permit this modification 01 the premises, though the disabled individual is responsible lor bearing the cost of creating the parking space.-
FILING A HOUSING
DISCRIMINATION COMPLAINT
Any person who believes he or she has been or will be injured by a discriminatory housing practice can file a complaint with the GCEO's Fair Housing Division.'llle GCEO will investigate the allegations raised in the complaint in order to determine the truth or falsity of the aggrieved person's claims. TIle person who files the complaint is known as the ~Complainant," while accused parties are referred to as~Respondents."
An aggrieved person can file an administrative complaint up to one year (365 days) after the latest occurrence of an allegedly discriminatory act. However,an aggrieved person could also choose to forego the administrative process and file a civil action.The Act allows such a civil action to be filed within two years of the latest occurrence of an allegedly discriminatory act. [t should be noted that this two year period does not count the time during which a complaint is being investigated by the GCEo.
Complaints filed with HUD's Office of Fair Housing and Equal Opportunity are routinely deferred to the GCEO by HUD.This is done automatically, without any need for action by the charging party.The GCEO also takes in complaints from private fair housing organizations, such as the Savannah/Chatham County Fair Housing Council, Metro Fair Housing Services, or the Southern Center for Civil Rights Enforcement. Additionally, the GCEO receives complaints by telephone. by mail,or by personal visit at our offices.
L

Persons wishing to file a complaint, who reside outside the local dialing area for metro Atlanta can ulilize our tollfree number (1-800473-0PEN). Our office is open on Mondays through Fridays from 8:30 a.m, to 5:00 p.m. (except on Slate holidays) and is located at Suite 710 . Internalional Tower, 229 Peachlree Street, NE, Atlanta, Georgia 30303--1605, Callers can leave a voice mail for the Intake Coordinator at (404) 657.()260 outside of normal work hours. Callers are thoroughly interviewed, in order to gather facts needed to determine whether or not the described problem is a jurisdictional fair housing complaint.'
Whether the contact arises by telephone or by mail, most potential charging parties are asked to fill out a ~Fair Housing Division Intake Questionnaire; provided to them by mail or picked up at our offices. Based upon the completed questionnaire,and any necessary supplemental interviews, the Intake Unit will proceed to draft the required complaint forms for the Complainant's signature. The Intake Unit will also generate an affidavit for the Complainant's signature, detailing the allegations surrounding the complaint, thereby preserving the individual's testimony for the record.
, II the intake i",e"'i",,,~ ,cwal,l"" a caUet's IlfOb~m is """ruly al>oo, discrll1lln3Hon (tor cOIIlIlple, pti,dy ~,,,dlnnHen,'n' ",ane'), 'he catle' .. "''''tred '0 an 3,i/1.'fIC)' 01 prl'""e org.1nl..!ior' bell", <~luil~"-d '0 handle dICi, ....."e'. The GCEO'. iurlsdiclloo is Iimiled to claims 01 "n~'wtul diocrimi,""ior"

Once the GCEO has received a signed complaint form, the case is assigned a case number and an investigator. Notice is then served on all of the parties that the complaint has been filed with the GCEo.llle Respondent then has ten (10) days from the receipt of the Notice to file an Answer to the allegations raised in the complaint. Once all of the named parties have been served with notice of the complaint, the case is transferred to the Investigative Unit for processing.
THE INVESTIGATIVE PROCESS
The investigation is intended to determine the truth or falsity of the allegations made by the Complainant(s).lt is not the duty oflhe GCEO to act as an advocate for the charging party. Unless and until there is sufficient evidence 10 believe that the Act has been violated, the investigator and other staff members are expected to operate as neutral fact-finders.
Generally speaking, the investigator, called a Compliance Officer or "CO,n has all the tools of discovery in a civil action provided by the Georgia Civil Practices Act, as well as the power to issue subpoenas granted to the Administrator by the GFHL."nlerefore, the CO can serve wrillen interrogatories and notices to produce documents in the same form as found in a civil action in a superior court. But in the spirit of encouraging cooperation from the Respondent, the investigator will typically seek additional documents and testimony from the Respondents by utilizing a Data Request Letter, which lists the data requested by the Co.
If the Respondent fails to cooperate with the data request, the Administrator will simply issue a subpoena. Generally, the subpoena will order the Respondent or his, her, or its agents to appear at the offices of the GCEO in Atlanta,at a specific date and lime. TIle subpoena may also order the recipient to bring documents requested by the investigator. Refusal to comply with a subpoena issued by the Administrator is subject to judicial enforcement and is, under the provisions of the GFHL, a criminal act.
The investigator will interview all persons necessary to determine the truth or falsity of the Complainant's allegations. All parties to the complaint will be interviewed. Other potential witnesses are identified through such interviews as well as from examination of documents. The final stage of an investigation tends to be an on-site visit to the subject property, and a review of the business records of the Respondent(s).
Once the investigator has gathered sufficient evidence for a determination to be made on the merits of the complaint, the investigator will prepare a ~Finallnvestigative Reporl.n This document summarizes the evidence and analyzes the facts under the provisions of the GFHL.The report is then submitted to the Administrator for review. If the Administrator finds that there is

not reasonable cause to believe that the Act was violated, the case will be dismissed as a ~No Reasonable Cause~ determination.
During the course of an investigation,and at any point prior to a determination being made by the Administrator, the parties have an opportunity to resolve their dispute collectively.The process of Conciliation (also known as ~mediation") allows the parties to come together to discuss their positions, and to attempt to reach a mutually-agreeable resolution to the dispute. Several GCED staff members have been trained in conciliation,and may, themselves, mediate an agreement between the parties. If the parties reach such an agreement, then the conciliator will draft a contract which is referred to as a ~Conciliation Agreement.~Dnce the agreement is signed by the Administrator, the case is considered resolved, and is closed by GCED.
The GeED's role in a matter is not over after the execution of a conciliation agreement. If either party believes that the agreement has been breached, the party may seek enforcement of the agreement from the Commission.The Administrator may then turn the matter over to the State Attorney-General for enforcement in superior court.
CIVIUADMINISTRATIVE ADJUDICATION
If,after analyzing all available evidence, the investigator concludes that it is more likely than not that the respondent has engaged in unlawful discrimination, the investigator, in consultation with the Housing Compliance Manager, will recommend a finding of ureasonable cause" to the Administrator. The Administrator will review the evidence, the analysis,and the applicable law. If the Administrator agrees that by the preponderance of the evidence a discriminatory act has taken place, the Administrator will issue a formal charge 01 discrimination against the respondent.
The issuing 01 a format charge by the Administrator is no light matter. In essence, it means that the Administrator is so convinced that the complainant,and the public, was unlawfully harmed by the respondent that the GCED is willing to litigate the matter to a conclusion, whether in the superior courts of Georgia or in an administrative tribunal overseen by the GCED Board of Commissioners. Relief available under the Act includes injunctive relief (ordering the respondent do or refrain from doing something), compensatory damages (a payment to the complainant for the harm suffered), punitive damages (additional money from the respondent as a punishment for willful or malicious discrimination) and reasonable attorney's fees. The GCED may also seek a civil penalty,a monetary fine, to punish the respondent for violating the Gf1-IL, with the proceeds being paid into the State Treasury.

The decision as to where the suit will be filed, called the choice of forum, is made within 20 days of the receipt of the formal charge of discrimination. Any of parties may choose the forum,superior court or administrative court, by giving written notice to the Administrator.The choice of the party received first controls the decision. If no election is made within the 20 day period, the Administrator will choose the forum.
If the forum is the superior court, the Attorney General of Georgia will draft and file the suit on behalf of the complainant in the appropriate venue, usually the county in which the respondent resides or has the principal place of business. Discovery and procedure are controlled by the Georgia Civil Practice Act and the uniform court rules. [f the forum is the administrative tribunal, an attorney will be engaged by the GCEO to represent the interests of the complainant and the Commission. Discovery and procedure before the administrative law judge is controlled by the Georgia Administrative Procedures Act. In either case, the complainant is welcome to hire his or her own altorney and intervene in the suit, representing their interests directly.
After the case is tried before either the superior court or the administrative tribunal, the losing party may appeal the decision to a higher court. Decisions by the administrative law judge are appealed to the superior court; decisions by the superior court are appealed to the Courts of Appeal. Ultimately, the mailer may be decided by the Georgia Supreme Court. It is important to note that on appeal, the appellate court may not substitute it's judgment for the lower court, but may only reverse the lower court if the decision is beyond the scope of the GFHL,erroneous as a matter of law,arbitrary,or not supported by substantial evidence.
1997-1998 HOUSING DIVISION PERFORMANCE HIGHLIGHTS
The number of cases processed by the Division remained steady during 1997 and 1998,slightly up from the 1995-1996 reporting period.The Housing Division's cooperative agreements with HUD have continued to grow.The current contract, for federal fiscal year 1998, totals nearly a half million dollars in enforcement funding.The Housing Division has relied upon this funding to finance the litigation expenses arising from our increasingly aggressive enforcement initiatives.
During the period covered by this Report, two vital "firsts" took place - a Superior Court heard and ruled upon a case under the Georgia Fair Housing Law, and a state Administrative Law Judge issued a decision under the GFHL. In a Savannah case initiated by a Charge issued in 1996, the Superior Court of

HOUSING CASE CLOSURES 1997 -1998

!~~~~~~~~~~~~~> 97
CONCILIATION 98 97
NO CAUSE 98 97
ADMIN. CLOSURE 98

33
}-lOI
76
241 11

CAUSE

97 98

5 18

1997 TOTAL 131

1998 TOTAL 138

Chatham County awarded a lotal of $58,600. Of this 101al, $50,000 went 10 the aggrieved person, with the remaining $8.600 representing civil penalties and attorneys' fees 10 the State. Also, an Administrative Law Judge with the Office of Slate Administrative Hearings awarded a total of $66,000. Of this total, each of the two aggrieved persons received $25,000 (total of $50,000),a S\O,OOO civil penalty was assessed,and theGCEO's attorney fees and costs of 56,000
were awarded.
During the period of this report, the Housing Division settled a lotal of 57
cases via Conciliation Agreements, with monetary benefits 10 the aggrieved par ties andlor the State tOlaling SI58,614 an average of almost 52,BOO per case.
Noteworthy Conciliations are discussed in more detail in the following section. Also during 1997 and 1998, the GCEQ issued a total of 23 Charges of Discrimination. Most of these cases are still pending either civil trials or administrative hearings, and are summarized in a later section of this Report.

HOUSING COMPLAINT RECEIPTS By COUNTY

BARROW ~ I BIBB ~~ I
BLECK LEY ~ I BRYAN ~ ) )
BULLOCH ~ I I
BURKE :: ) )
CALHOUN :: ) )
CARROLL ~ I
CHATHAM ~ CLARKE ~
CLAYTON ::; COBB ~
COWETA ~ I DECATUR ~ I I
DEKALB ::
DOUGHERTY:: EARLY ~
FAYETTE ::; FULTON ~ GWINNETT ~
HALL :: HENRY ~
HOUSTON ::
LAMAR ::;
LIBERTY:: I
I LOUNDES ~ MILLER ~ ) )
MITCHELL ~ I I
MUSCOGEE ::;
NEWTON ::
PAULDING :: ) )
PUTNAM ::; I I
ROCKDALE :: SCREVEN ~~ SEMINOLE ~~ SPALDING ~~
TIFT ::
TURNER ::
WALTON ::
WARS :: WASHINGTON ~

I.1



1

1 1
1 1

2 1
8
1
5 8
II
7 2

1

)--28 23
2
1 3
1
22 >-33
8
12 2 1
2
2
1 1

1

1 1

1
3

2
2
1

1
2

3

1



1 1

1 1

1
1 1

1997 TOTAL 361
1998 TOTAL 310

CASE STUDIES
This section includes summaries of notable settlements negotiated by the
GeED during the 1997 and 1998 calendar years. Also included are brief synopses of cases in which the Administrator issued a Charge of Discrimination. Most of the "reasonable cause" cases discussed below are in the litigation phase, awaiting resolution via civil actions or administrative hearings belore the OUice of State Administrative Hearings (OSAH).
Noteworthy Conciliations Case II:
A woman with two daughters and a son alleged Ihal an apartment complex refused to lease her a tW<rbedroom unil,stating that she would have 10 rent a three-bedroom unit due to the fact that she had children of different genders. TIle Commission asserted that an occupancy policy which differentiates between the gender of children violates the GFHL.The apartment complex agreed to change its occupancy policy to two persons per bedroom,and paid the Complainant $13,500.

HOUSING ISSUES FILED DURING 1997 -1998

'97

)

REFUSE RENT '98

)

REFUSE SELL

'97 '98

DISCRIMINATORY ADVERTISING

'97 '98

) ~)

TERMS & CONDITIONS '97 '98

OTHER '97 '98

STEERING '97 '98

)
~)

FINANCING '97 ~)

'98

!-) FALSE REPRESENTATION '97 ) '98
ZONING '97 ) '98 )
DENY AVAILABLE '97 ) '98 )

REDLINE

'97 '98

)
~)

~) BROK SVC. '97 '98

BLOCK BUST.

'97 '98

~)
~)

NON-COMPLIANT REGS. '97 ) '98 )

35 3.
5 15 12 27
)-84
)-- 7' 3 21 0
4
4
21
0 7
2 0 0 0 0 1
0
1
1 1
0 0

HOUSING BASIS FILED DURING 1997 -1998

RACE '97
'98

RELIGION '97 '98

NATIONAL ORIGIN '97 '98

RETALIATION '97 '98

SEX '97
'98 DISABILITY '97
'98

) )
) )

FAMILIAL STAT. '97

'98

)

COLOR '97 ) '98 )

55 )- 82
2 3 6 9
I
3 16 18 27 27
22 48
0 1

Case #2,
Two African-American women, in separate but related cases,alleged thai a major regional bank refused to provide mortgage loans to them because of their race and gender, in violation of the Act.Without admitting liability, the bank settled the mailer by paying each of the aggrieved persons $7,000 (total of $14,000).
Case #3:
A light-skinned African-American male alleged that he wenl to a subdivision under construction to view houses, and was told by the construction supervisor that this was going to be a "real nice subdivision - no niggers here," Discriminatory statements made in relation to the sale or rental of a dwelling is banned by the GFHL.The developer paid the Complainant $30,000.
Case #4,
An African-American couple alleged that they were provided false information regarding the availability of an apartment by the owner,and that the owner refused to deal with them due to their race. The owners paid the Complainanls 520,000.
Case #5,
An African-American male alleged that a large regional bank applied different tenns and conditions to his mortgage loan by quoting him a higher interest rate than similarly-situated Caucasian loan seekers were given.The Complainant accepted S22,OOO to resolve his complaint.

Charges ofDiscrimination Case #1:
An AfricanAmerican female wilh IWO minor sons leased a condominium unit in a condominium complex which had only Caucasian owners and renlers.The Complainants family was the first black household 10 ever live at the property. Immediately after the Complainant moved in,other resi dents and the management agenl contacted Ihe real eslate agent who had leased to the Complainant, expressing their fear and dismay at having a black tenant,stating that they would find a way to get rid of her. Members of the Condominium Association made racially derogatory comments and circulated a letter claiming that Complainant's unit was a source of roach infestation. TIle property also had rules which were facially discriminatory against children.The GCEO issued a Charge accusing the property manager and the Condominium Association of subjecling the Complainant to different terms and conditions of residency and harassment due to her race and familial status.This case is currently pending before the Office of State Administrative Hearings.
Case #2:
Two mentally disabled women, with the assistance of a non-profit group, rented a dwelling in Fulton County.AlIlease negotiations had been conducted directly with the agency.Several months after moving in,the air conditioning unit broke down (in summer, with temperatures near one hundred degrees).After being unable to contact the landlord to obtain an emergency repair, the care providers had the unit repaired and deducted the amount of the repair from the following month's rental payment (as permitted under Georgia landlord-tenant laws].TIle owner immediately demanded possession of the unit,contending that she would never have

rented to the Complainants, had she known they were disabled. The owner! landlord illegally had the property's utilities cut off,and filed a dispossessory action.TIlrough the intervention of Metro Fair Housing Services and the GCEO, the parties agreed to provide the Complainants with additional time to find another dwelling. Subsequently, the GCEO issued a Charge of Discrimination against the owner for making property unavailable due to disability.TIle case was heard by Judge Michael Malihi of the Office of State Administrative Hearings.Judge Malihi rendered a decision for the GCEO totaling $66.000 (of which $50,000 was to be paid to the Complainants). No appeal was filed by the Respondent.
Case #3: An African-American family negotiated with a Caucasian couple to lease
a single-family house in Pelham, Georgia.After moving into the house and performing extensive work on the lawn, the Complainants were informed that the owners had changed their minds and would not be leasing the house to the Complainants.TIle owners returned their deposit check, ordering them to

vacate the premises immediately.The Complainants contacted a private fair housing organization, the Southern Center for Civil Rights Enforcement (SCCRE).The SCCRE conducted a rental test, with a Caucasian agent posing as a potential tenant.111e owners slated thai all of their properties were currently leased, but that there was a black family in one of their properties who they could evict for "better people" like the white tester. The aggrieved family and the SCCRE filed a complaint with the GCEO alleging refusal to rent and discriminatory statements on the basis of race. A Charge was issued in regard to both of the complaints.l11ese cases were consolidated for trial,and await a hearing before the Office of State Administrative Hearings.
Case #4:
An African-American woman responded to a classified ad in a Gordon County newspaper for a vacant rental unit. Over the phone,the Complainant was told that the unil was available and 10 come pick up a key to view the unit.The next morning, the Complainant showed up to pick up the key.The owner stated that the unit had been rented last night to another prospect.The Complainant was suspicious, and had a Caucasian friend enter the owner's place of business and inquire about the property.The Caucasian woman was told thai the unit was available, and was encouraged to apply. Over the course of the next few days, the white woman received more than six telephone calls from the owners encouraging her to rent the unit.The Complainant filed a complaint with the GCEO,alleging refusal to rent due to race and being provided false information regarding availability (also due to race).The

Respondents answered the complaint by contending that the dwelling had been leased to the very same woman who was the Complainant's friend.The GCEO issued a Charge of Discrimination,and the mailer was referred to the Attorney General's Office.The Attorney General initiated a civil action in Gordon County Superior Court. This action is currently in the discovery phase, awaiting trial.
Case #5: TIle U.S. Department of Housing and Urban Development (HUD)
received twelve separate complaints alleging that a Housing Authority in south Georgia was engaged in a pallern and practice of discrimination against black public housing residents. HUD deferred these cases to the GCED for investigation.The investigation gathered clear and convincing evidence of widespread discrimination on the part of the Housing Authority. It was also learned that the residents had complained to city officials, who took no action to remedy the illegal steering, harassment,and intimidation which was being carried Ollt by the Housing Authority. However. the information regarding the city's involvement was not obtained until after the GCED had issued its consolidated Charge against the Housing Authority and its Director. The Administrator of the GCEO has referred this matter to the Attorney General as a "pattern and practice" case. [t should be noted that under the terms of the GFHL,all enforcement actions involving an alleged pattern and practice of discrimination fall under the exclusive jurisdiction of the Attorney General.

Appendix A
T111 45. PUBUC OFFlCI".RS AJ\1l EMPLOYEES CHAPTER 19. LABOR PRACflas ARnClL 2. fAIR EMPLOYMENT PRACflas Curren! through Ihe /998 Session of/he Georgia LegiskJlu'"
Table 01 Coolenb
45-19-20. Shorl IltJe
45-19-21. PuI"pOKS and roMIructlOD of article
45-19-22. DeftnitJona 45-19-23. CftatJoo of Boanl of Comm1saiooer$ of !be Comm"'on 00 Equal Opportunity; members; lenns: officers; meelin,gs;
oompensalloo of memben; powers and dutles of board; annual ",portiO eo"emor and (;t,nend ~bly;spedaI m.aslf:I'3' 1151 4';'19-24. Comm"'on on Equal Opportunlly crealed; appolntmenl 01 acl.mlnl5lnolor; __gnwenl of M<IUIllMlou 10 eo.emor for
acl.mlnl5lnoll.", ~ 45-19-25. Funalon of admlnlstralor 45-19-26. Allomey Gellend 10 be lepI advber 10 ad.m.I.nl5lnolor 4';'I9-27. Additional powers and dulles of acl.minblnltor 4S.I9-28. UmIlallon on provislon.s of article ",Iallnglo age dlKrlmlnallon
4';'I9-29. Unlawf111 pradlca generally 4';'I9-30. Unlawful pradlca In lralnlng or apprenllc:ahlp programa
4So-I9-3I. Unlawf111 pradlca In ad"ertlsemenl of employment 4S.19-32. Unlawful pracllce for party 10 vlolale coneillalion agreemenl 4So-I9-33. Olfrerent Ilandard. of compenllll1on or dlrfereDl lertlll and condition. of employmenl where nol baled on race. color.
",llglon, leX. olllional origin. dlaablilly. or .ge 4S.19-34. Hiring, employing, Or lelecllng for tnllning prognun. where religion or national origin a bona fide oceupallonal qualification 4S.19-35. Ule of qnollll becaulle or Imballlnces In employee ratl.... prohibited; gnnt. of prderentlallreatmentlo certaiu Individual. or
grou"" not reqnlred by article; adollllon or Illan. required 1Jy Governor 10 reduce Imbalance; eflect of arl1c1e upon cerlaln emilloymeni pmcllces 4S.19....i. Hllng comilluinl. of unlllwful pmcllce; acllon by admlnl.trator
'1S.19-37. Allpolntmcnt of ']K.'Clal master to conduci hcaring on compll""l; procedure 4S.19-38. Alllllulll. couclu.lonll, and order or .pt.'Clal rnlllier generally; artier 10 ce...... anti dCl!at from unlawful practice aud 10 lake
remedial action 45.19.39. Appeal to luperior court of final order of .pedal 1lI111ler or complalnl dl.ml8llCd by admlnlatmlor 45.I!HO. [nlry or eourtjudgment billed upon final order or admlnillrator or .peclal mllller; notlfiallon or parties; eUed of Judgmenl 45.I!H I. Admlnlattator 10 have exchal..... Jurbdldion over claltlll under article: final determination of claim bars further s1ale acllo... 45.19-42. Pnx;utemenl 01 violation of artlde by perlOn notlUbjectllH~retonot a ddenlt': 45.19-43. Aeaa of admlnl5lnotoc or dealgnee to prem........ recorda, and documenta; penoDl required 10 make and keep .,mpioym.,nl
recorda; application ror relief from order due 10 hardahlp; unlawful for admlnlaltalOr or employee of a<!mlnlalralor to make Informallon public 45.19-44 Unlawf111 prac:l:1~ punlahable by cl"U fine 45.I9-4S. Unlawf111 CO<IIplrac:la 45.19-46. Date 01 repeal of article Clle as O.C.GA 4So-19-20. et seq. (1996). Rnean:b Reference: Undemann. Barbara. and Paul GtOS$man; mp!foorM:n1 Dbcdmlpa!lM taw: 3d. Bureau or National Affairs. 1996.. 45.I9-:ro. SbortllUe Thl. ankle .haIl be known and may be cited as lhe "Fair Employment PTacllces Aet or 1978.-

~5-1 ~21.

Pu~ and wnSlrucllon of arllde (a) The generol ptJrp<:6l'!<of th~ artide are: (1)10 provide for execution within public employmelll inlhe stale of the policies ellllJodied in TItleVl1 of the federal Civil RigtJt);Ad of I~ (78 Sta1.241).as amended by the Ellual EmplOYIllt.'f1t Opporlunily Act of 197'l (86 Stal.l03).as from lime to lime amended.lhe Iede<aJ Age Ol5Jcrimination in Em~ment Acl of 1967 (81 S1a1.6(2).as from time to time amo.'ftded,and the federal Rehabilit3lion Act of 1973 (81 StaI.35S).as from lime to time amended; (2) 105.1feguard all indr.iduals in public employmenl from disc:rimiMlionin employmem:and (3)10 promoIe the elimination of discrimination agaill5l all indr.iduals in public employmenl because of such indr.idll3ls' race,colof.religion,l>aIional origin.sex.disabiliI}:Of age Iheteby 10 promole the proIeclion of lheir inleteSl in peosooal dignify and freedom from humili31ion;to make a,,,ibb!e 10 lhe SI3Ie their lull pn::x!uctio."t' o::apacilK5; tosecure the Sl.ate
apiml dornetic strife and unn!':Sl "llich would men<lC@ilSdemoclalicinslltulioos;IOprelef\"t'lhepublicsalet);hea1th, and general ,,'elfare: and 10 luflher the inlete5l5. rights, and pri'o'i~01 indio.'iduals within the stale. (b) ThtoJi aflide wll be broadly COnsIrued 10 luflher the general ptJrp<:6l'!< staled in this Code seclion and the speo:;ial plIrp<:6l'!< of lhoe paflicular pIOoWon imoo.'ed. (c) NoIhillll inthis'lf!ide shall be construed as indic;alillll an inlenllo exdude local or IedeBllaws onlhe same sub;e<:1 malter,
which laws are noI inconsi:slertl ..ith Ihis aflide. (d) NoIhlllll COlllairled in Ihis aflide wll be deemed 10 repeal any OIher roonconnictilllllaw of this 5laIe reIlIIingto di5c;rimina-
lion because of rnce.colof.teIigioo. Mlional origin,Sl'lC,disabilil):or. .

45-1~22. Dcfiolll_

As used in this aflide.the Ieml: (1)"Adminislr.Jlor"means lhe adminislr3lOf of lhe Commission on Equal Opportunify proo.ided for by Code Seaion 4'>19-

24, ..tlich agency iscompri$ed of an Equal Em~ment Di\isioo and a Fair f-tousing Di\"ision, (2) "Board" means the Board of Comm~of lhe Commission on Equal Opportunify crealed by Code Seaion 4'>19-

23.

(3)"Dis3bihfy"meansa ph)'Sical Of menial impairment "'hich sub6tantially limit); one Of more of a per.;oos major Hie adi\~

itles.unlellSan emplo)'t'r demonsIraIes that the em~'l"f ~ unable to acoomo-'ate reasonably 10 an em~'Cesor

prospecIr."t' em~s disabilit)' "'i!houl undue hard:shipon the condUCI of the employer's opeT3Iion.

(4) -Discriminalion"llleans any direct or indirect act Of pr3CIice of l'Jldusion.dislilldion, reslriction.scgregalion,limilalion.

R'fusal.denial,Of any OIher act or pr3C1ice of dillerwliation or prek:tence in the tr'l.'atmelll of a persoo or perwns

because 0I1'3Ce. color, religion, national origin,sex, handicap.or age or the aiding,abe!.ting, inciting, coercing. Of c0m-

pelling of such an act or pr3C1ice.Thi:s term shalillOl indude any direct or indirect act or pmctice of exdusion,dislinc-

tion, reslridion,segrt'flalion,limitalion, refusal.denial.or afl)' Oilier act or p<3ctice 01 diffenYlliation or preference in Ihe

treatment of a pe~ Of pel50nS becall$(' of religion if an ell1PIoyer demOllSlrates thai the em~'Cr i:s unable to

acoommodale n-asonably an employees or prospectr.'C employee's religious obscf"aroce or practice withoulundue

hardship oolhe conduct 01 the emp\o)"ers operntion.

,

(5) "Public employer" Of"empl~'el""means any depanmenl, board, ooreau, commis$ion, authorit)\or OIher agenc), of Ihe Slate wftich ell1Plo)'5 15 or more empl~'eeswithin the S1atc for each wor1ling day in each of 20 or more calendar

~ks in the current Of preceding calendar year.A person elt.octl'd to public office inthi:s S1atei:s a public employer

\

with respect to per.>oru; holding positions Of individuals applying for p05itions which are subject to the Slate Merit

System of Personnel Mmini51ration or any personnel merit 5)'SIem of 8n)' agency Of authorit), of Ihis S1ate.A person

elected to IlUblic oflice in this Slate is nOl a public employer with rt'Spectlo llCr.>ons holding posilion.~ or individuals

aplllying lor llOSitions on such o!ficers per.>onal staff or on the iX'licy-making level or as immediale advisers with

respect 10 the exercise 01 the cOnSlilulional or legal powers 01 the office held by such officer.llle term"public employ-

er"shall indude the State Merit System of Per.>onnel Admini51mtion ",hether or nOi such agelll'Y is Ille immediate

empl~'Crof Ihe p.n1y Or 11iIrlies claiming to be a!lllril'\"l'<l.

(6) "l'ublic employment" mealL~ employmem by any department, bo"..d. bureau, eonllnission, authorit;: or other agency of

tlie Siale of Georgia.

(7)"Religion" means all aspects of religious obseMlnce and pmclke aswell 1IS belid.

(8)"Untawfulllmctice" means an act or pmctice declared 10 be an unl1lwlulllmctice in Code Seclions 4'>19-29 through 4'>

19-31,4'>19-32, or 45-19-45.

4:>-19-23. C...,lltlon of Board of Commissioners of Ihe Commission on Equal Opportunlly; members: lernl3: officers; meeting!; com
pensatlon of mcnlbcrs; po..'enl and dutIes of board; annual r-eporl to Governor and General tUaembly; .pednlmfl8ters' lIsl (a) A Board of Commissiooers of Ihe Commi.<;$ion on Equal Opportunify ~ CR'8tt'<l.l1lC board shall COflSis! 01 nine persons. Subject to confirmation by the Senale,the members of the board shall be appointed by the GavenlOr' lor Ihree-)"t'ar terms. excl'pl as OIherwise provided inlh;,; subsection. Of the GO',emor"s inilial appoilllmenl.'i,tllll.>e shall be lor Or>e-)"Car terms. three shall be for tWll-)'Car terms.and tflree shall be for tflree-year terms. In the ('\'Cnt 01 a vacancy during the term 01 any member appoillled by the GoI"t'mor whether by reason of dealh,resignatiOlt,or OlheTwille,tfle appoimment of a suc~ by the GoI'Cmor shall be only lor the remainder of the unexpired term.The membership 01 the board shall be represefllalr.'C of a lair and reasonable Cf0S5 se<;tion 01 the population of thestale and on~hird of Ihe members shall ha\'C exper>eroce in labor or Tltle VII law elllon::ement Of OIher legal human righls experience; provM.led. hc:M'e\"t'( thai aller July l,l993,al IeasI three members of the board shall be repre;en1alr.'C of Of ha\-e a background in real1):apaflmertt managernent,Of the building
and conlracting indllSl.l)t (b) Tho:: board shall annually elect a dlair BOO sud1 other ofr~l'rs as il deems appropriale and shall meet at lea'S! three limes a
)'ear aI a time and place speo:;ifled in writing by the adminislrafor:"The board may also meet lrom time 10 time upon its own moIion,as deemed ne<:essary by a majority of the members thereof. for tho:: purposes of conducting routine Of special busi-
ness. Each member 01 the board wll 5el'\"t' "'thoul pay; oot Ihe members who al'(' noI OIherwise stale offICials or em~-ees
shall, ..tlile o::ng;oged in the official duties of the board. recer.'C the sarno:: expense allowance and tl3\'('1 cOS! reimbulSer1lCllt which members 01 certain boards and commissions recei\'C PUl$\Wltto CodeSeaion 4'>721. (c)The board shall make a ..-riUell reporIlO theGol'l'fTlOl" and 10 the Geno::rilI A!Iso::mbly by December 31 01 each )'ea(Such reporI shall achise lhe GoI'l'fTIOI" and the members of the General A$lembly of the boan:f's K1i\ilies and the atImini:Slrntion 01
!his aMide and shall make sud1 recommendation lor dlange. if all):as tho:: board deems proper;

(d) The board shall assislthe aodminisllalOr 01 the Commission on Equal Opportunity in an ad\isory capacity in CMT)ing OUlthe duties and functions of the ofr..::e including but not limited to malle<S relating to fair employment practices and the ~JJe<:tr.l." ness of Ihe swte progr.uns and opcrotions.
(e)The boord shall establish anod eenHy lO the Go\'emOf mthe beginning 01 each rISCal yea' a lis! oIllOIles5lhan 12 persons. indtKIing females and minorities, licensed 10 practice Law in ~ "'1lo ha\~ experience in labor la>o: in em~ment law.or aodmlnis!raljo,~ Law,IIQIll "'i1ich lis! the Goo.oemor Ina)' sele<:l,on 1he basis 01 rowion in sequential order,special maslelSM pro\ided for in Code Section 45-19-37. The board may from time 10 time certify to the Go\'Cmor ao:klitional persons to be added to the afort:!m~nt;oned lisl.
45-19-24, CommiSllloD on Equal Opportunity created; appointment of admlnlst...tor, asslgnment of commlsalon 10 Go\'emor for admlnls1",U"e purposes There iscrl,'ated the Commislion on Equal Opportunit): lheGo\_ shall appolm an aodminis!ralor 01 the Commislion on Equal Opportunil)' ...ho shall.5l'l'\'e ill the pleasure 01 the Go\'erTlOl". The Commi!l:5ioo on Equal Opportunity shall be attached to the oIficeol1he Gal_lor administrntjo,~ IMJrp0se5 Oll~ The Commission On Equal Opportunity Shall hil\~ an Equal Emplo)'ment Dnision to assis/the administrator in ~aff}'ins out the prol'i. siolls of this artid~.
4$-I9-ZS. Function of adminlst...tor TIle function 01 the administralor shall be to encourage lair tmalmcntlor public em~'eeSand todi5cou,. unla""lul discriminalion in public emplo)Tnent.
4$.19-26, AUonley General to be legal adviser to administmlor nle AttornL>y General shall be tile legal adviser for the administrntor.
4S.19-27. Additional fJO""i"n and duUe. of admlnWn.tor In 1he en~t 01 this article the adminis!ralor shallllll\'e the IoIboing P'O"''efS anod duties:
(I) To maintain an oIfice in the Cit)' 01 Allanta and suo:;h other offices "'ithin the Slate as 1he administrator may deem nC<:e!i5ary;
(2)lb mt'Ct and exert:ise the adminiSimlor's powers at any t>lac~ within the Slate; el) Within Ihe limitalior~~ pt'O\i<k'd by In,,,,to appoint c1elks aoo ocher empkl)'eeSand agents as the administralor may OL't'm
n~cessal): to indude emllkl)'0't':5 and agents to represent complailklnts al special mastL'" hearirtg5 as pn:!'Iided in Code
Section 45-19-37; (4)To cooperale with indr.idualsand with 5tale,IocaI,and other ageRCie$.both public anod priI-ate,and to obtain upon
~uCSl and utm~ the Ron'ices; of all !IO'-emmenlal departm~flIs anod agencies; (5)lb coope...~. te with the United States Equal Employmenl Opportunily Commir.o;ion created by Section 705 of Ihe Cr.il
Rights Act of 100l (78 Stal.2-ll),a" amendt"d.and wilh OIher fed~ral and local agencies in ord~r to aehiC\"C the purp0se5 01 that act;and to cooperate with ottler federal and local agerlcies in order to ochie\-e the PUrpo:l5ei of this artide: (6) To oc~ gift$. beqUC$l$,grants,or other public or prilme Pil)ments on behalf 01 the 5laIC and to pay such moneys inlo the Slale treasury. (7)To accepl on behalf 01 the Slate reimbu~t pu~ntto Sectlon700(b) oIlhe Cr.il RlghlSAct 011964 (78 Stat.241),as amefldcd, for !iCr\'ices relldered to assis/the Uniled States Equal Emplorment OpporlunityComm~: (8) To reccivc. initiale, investigate.seek to conciliale,and makc dt1enninations regarding comiliaints allt'lling violations of this article and to applU\"C or disaPflI'O\lC plans requirt."d by the Go\-ernor 10 eliminate or reduce imbalnoce in emplof-
ment with respect to race.color.di:sability;~igion,lieX,nalionaoJrigin.or age; (9) To furnish technical assi:5t3nce reque!iled by per.;onssubject 10 this article 10 further their compliance ...ith this artideor
an order imJed thereunder, (10) To ;n\'CSIigale and make Sludies,subject toallpRl\"1I111y the GaI'ClTIOf,oI unlawful prnctic1'5 in public emplo)'ment and,
in COllnt'Ct;on thcrewith,to hold hearings. to request the attc"danc~olllcn;ons to gr.-e testimon):to rece;"-e for the rt.'Cord at any such henritl!l wrinell Slatem~nlS,documenlS,exhibilS,nndocher itenlS pertinent to the subject mailer of any such henring.and.follooing ~n)' such im'CSIigalion or hearing, to issue suo:;h report and recommendalioos as will in ilsopinion assi:Il in carrying out the pUrp05e5 olthisartide: (11)To require answers 10 interrogalorie$.e:.amine witnesses.and require the pnxtuction 01 documen15so long lOS ~ is reJe. .-ant to lhe im'e!iligmion 01 a complaint: (12) To render written "-'POrts 10 the Go\'ClTIOf and the General A'\Sembly.TIle rt:'pOrts may contain recommeooatioos of the adminiSlrotor for legislative or other aClion to effectuat~ the pll'flOSCS and IlOlicies of this nrticle;
(13) To mak~ lll'OYision lor technical and derical MSiStance to the Board of Commissioners 01 the Commission on Equal
Opportunity; (14)To adDpI.promulgate.amend.and rl'5Cind,subject to appnl\'iI1 01 tile board and the Go\-emor and after gr.ing proper
notice and hearing to alll'MJblic emplo:l)~ I'MJBUilDt IOChapler 13 oIT~1e 5O,lhe'"Georgia Admini:ll11ltr.'e Ptocedure Act~such rules and regulations as mOl)' be nocC!l5at)' to cafT}' out the pn:!'Iisions of this artide.including regulations requiring the JlOSling or inclusion in ad\-erti~ing mat~rinl of OOIiccs prepared or aPPRl\"ed by the administrator and "'II" ulo1tions rt:!garding the filing,appro\-Jl.or disaPlll'O\'ill of plans to eliminate or n."duce imbalanc~;n employment with respect to race.color,disability;~ig;on,lieX,nationaolrigin.or age; (15)To cooperale with OIherorganizations.public anod priI'al.e.to disoourllfl(' unLav.iul practices and discrimination in
em~ment;
(I6)To maintain with tile United States Equal Em~mentOpportunity Commi:55ion SlalUS as a "delenal agency"ul'l(\er Section 706 of the Civil RighlSAct of 19&1 (78 StaI.241),as amended,a.~prD\'idt"d by lh~ rulcs and rt.'llulations of said ~'OmlDission or as a -",ferral agency"under &'Ction 709 of Ihe Civil Rights Act of 19&1 (78 Stat.24I),as amellded;and
(17) To require,ll\HllUant to rulcs anod !\.'llulaliOlls promulgaled by the administrator under th~ authority of paragraph (14) 01 this Code 5eC1ion,from any SIaIe "lll.'f1C)" Of depanmelll such reports and information at such times as it may deem f\'~ sonabl)' necessary to carry out the 1'MJrp0se5 01 this article.
4$-19-28. Urnltation on provl5lonl of article relating to age dlscrimlnaUon TIle jlro\'isiolls 01 thl~ article ",Ialing to dl~rim;nalionin llmplo)'mellt on the basis of ag~ shall aJIJlfy Ollfy to individuals \\'ho are al least 40 years of age bill It...~ than 70 years of age.

ot5-1~Z9. Unlawful pntdkl"llenerally II is an unlawful pl3Clice for an emM'et"
(l)To lail or ft'fusc to hire.to dischargl'.or Olhefwi5e to discriminille agalR.,t allY indjo,'idual wilh A'5peCIIO thoe indjo,'idual"s compensation.lerms. <;Ondiliol)$. or pmileges of emllloymcm because 01 Mlch indi'.idual"s race.colo~ religion. national orillin.sex.disabilily; or age;
(Z)To limil.segn.'gale.ordassify his emMb'S in any way ...tlich would depri\-e or tend 10 d!.'prio,-e an indi\'idual 01 t'1tlM'menl opponunitil'sorOlhefWise ad\~ afft'Cl an indr.idual'sSlalllS as an emM'Ce because ol:wch indr.idual's race.color; religion. nalional origin.sex..dis3bilil): or age; or
(3) To hire. pfOlTlOle.ad\..nce.segregale.or affirmatr.-ely hire all indjo,idual solely because oilaCt'. color. religion. nalional origin.sex.disabilil):or age.bullhis par.tgr.lph shall noI prohibit an ~M'\.'" hom ,'QIulllarily adopIing and calT)ing OUI a plan 10 fill \acancil's or hire.- emM-ee5 in a mannertodiminale Of reduce imbalance ill empk:JyTn(>n1 ..ilh respect lO ~color;disabilil):religion.sex.naIional origin.orage il the plan has first been filed wilh lhe adminislr.lIOf lor Feliew and commenl lor a period 01 not Ies5 lhan 30 da)'5.
45-19-30. Unl...ful pndkl"lln lralnlnll or apprentluMlip pl"Ollrams
It is an unlawful practice lor an emM'I"f coolrolhng ~ticeshiporQlh('rlraining or relraining Including oo-the-tob lraining pmgrams 10 discrimj.
nale agamSl an illdr.idual because 01 such ind;"iduars r.lCe,color;religion.nalional origin.sex.disabilil):or age ill admls&ion 10 Of emMmemin any prt:JgraJ11 C$l<lbIl5hed 10 plO\ide appft'Ilticeship or Olher training or to discriminate by al""'ing admMioo Of promoIion 10 an awremiceship or lraining program solely beause 01 r,oa, coIlX religion. national origin.sex.disabil'l):or age.
45-I9-3I. Unl.wful vr-ctlca In .,hertllemeol of employmenl It is an unLa..iul pncIia: lor an eDM'I"f 10 prim or ptlblish or cause lO be prinled or ptlblished a noIiceor iMh"f'f1lseml'm relating 10 emMmenl by
_.sud! an erTlM'I"f indicbtinll any pcderence, limitaOOn.spec:irlCalion.or discriminalion ba!ied on r,oa,ooIor. rcIigion.l\alional origin.sex..disabilily;or
age.exccpl thai such a noIlCt' Of ad\'efli!iemenl may indicate a ~limilaOOn.or specirlCalion based on rnce.color;religion.naIional origin.sex. disabilil):or age when rcIigion.naiionaJ origin.sex.disabilil):or age is a bona ride OCCUpalional quahr.calion loremplo)menL
45-19-32.. Unla..-rul vr-ctk'e for parly 10 vlol.le concillallon agreement II is lln unla....lul pra;c1ia: lor a pany 10 a concilialion agreemenl made pUlSuanllOMlbsection (e) 01 Code Seclion 45-19-36 10 \inlale lhe lerms of lhe

45-19-33. D1rrerenl staod...da of compensalion or differenl IUII1$ and condillo... of employ......nl ...here nOI bucd on race. color. rell.
glon. lIeX. nallonal origin, dlablllty. or lIIl' It is noI an unla...lul pra;c1ia: lor an employef 10 apply different standards 01 compensalion ordi1ferenllcnns,cooditions,or prr.ilcges 01 emM'menl pursuant 10 a bona r.de seniority or meril !')'$lem.or a S)'$lem ....hich measureo; eam;nllS by quan"\)" orqualily of pnxluclion.or 10 employees ....ho woc1< in dilferenllocalions.proo.ided Ihal such differences are noIthe result 01 an inlClllion 10 discriminate because 01 race.color.religion.nalional
"'<:c. origin.sex..disnbilil):or age;nor is il an unlawlul praclice for an employer to gi\'e and to aC1ullOll the results 01 any lI"Ofes&ionally developed abili!)'
tcsr.plO\i<\ed Ihal such lest. its adminislr.llion.or aclion upon the results Iheceol is DOl desig<1tod.inlended.or used to discriminate because 01
color. religion. national origin. sex. disabilil>:Or age.

45-19-34. Ulrlnll. elnl,lo)lng. or .-electing for In.inlnll programs ....here religion or nallonlll orlllin a bona nde oc<:upaiional quallficallon 11 is nol an unla....f,,1 praellce for an cmlllO')'er 10 hire and employ emplO)'eCS or 10 ~1e<:1 an individual in any training IJrogr;lm on the basl~ of religion or nalional origin in those cenain ir~'lances"tlere religion or nalional origin is a bona fide occupalional qualifkalion reasonably necessary 10 Ihe
nonnal funclions 01 Ihal flankular empIO')'Cr"s reo;pIlnsibililies.

ot5-19-35. U.-e of qUalM ~IIU8C of ImbalancCllln employee rallOll prohlbllcd; grolllS of llrerertllUlal Ireahnenl 10 cerlaln Individuals or lfl'0uIls nol ~llllrcd by arllcle; adoption of Illans required by GO\'ernor 10 reduce l",bllltlDce; etrc..'C1 of arllcle UllOn ccrlldn employ-
menl pra<:llce8 (a) Quota., bt'C;allSC 01 imbalances in emplOj-'Ce ratios shall not be permltlt'Cl. (b) Nothing contained ill ,hi. article rc..'Quireo; an employer 10 granl prelerentiallrc.1tment to an individual or 10 a group be<.:ause of Ihe race, color, religion, nalional origin.sex.disabilily.or aJl<.l of lhe individual or group on ac.:counl of an imbalance which may exiSi with re:lpt'Cllo the lotal number Or pe",erll~Jl<.l of persons of ~ny r;lce.color.religion.nalionai origin.sex.diSJbilily. or age in Ihe Slale or ~ community. section. or other area or in Ihe a\'ail~ble work lott:e in the SlJle or a commllllily..'<t'C!ion.or other ~rea. (c) It isspecilicalfy )lr'O\'ided lhat neither SUbseclion (a) nor (b) of Ihis Code ~Iion nor any Olher pr'O\'ision 01 thl. article shall prohibil an emplO)'Cr from adopting orc~rryingOUI a plan 10 fill \'~candes or hire new emplo)"I'('!; in a manner 10 climin~le
or reduce imbalance in emplO)'mem with respecllO r;lce.color.dis3bilil)'.A.'ligion.SI'll.nalionai origin. or age if such plan is required by lhe c.o..'Cmor ~nd filed wilh and approo.-ed by Ihe adminislr;ltor llrior 10 ils Iin~l adoplion and imlllementalion.
(d) Nothing contained in this ankle prohibits: (I) Minimum hiring ages Olherwise pl'O\ided by law; (2) S1ale compliance wilh fedecal regulations; (3)Tennination of the cmplO)menl of any person ...11o is unable or incompc1t'Cll or reluses 10 perform Ihe person'sduties; (-4) Any pl~'Sical or medical examinalionsof applicants oremplcl)'eCS "tlich an emM'er n.'Quires 10 delennine filnc~ for Ihe job or posilion SOUghl or Ileld; or (5)An emplO')'ef lrom obseningthoe terms of a bona ride seniori\)" S)'SIem or any bona fide emM_ benefil plan 5Udi as
a rt'Iil'CfTl('nt.pcmsion.or insur.mce plan ...tlich is noI a 50blerfuge 10 "'<>de lhe pul"'p(ll5('S of Ihis article.

45-19-36.

Hllng comptalnl$ of unla.."fu.I p..-ctke; acIIou b}' admlnblralor
(a) As used in Ihis Code section.lhe lerm"respondenl"meatl'5 an emM'Cr charsed "';Ih an alleged unlawful praclice.
(b) An indr.idual daiming to be aggne.'ed by an unLa..lul pra;c1ia: or anolher penon on behalf 01 an ind;"idual claiming 10 be
asgrie'I-ed by an unlawful pra;c1ic:e may file ..ilh lhe adminislralor a wrillen.swom complaint SIaIing thai an unlawful praclice
has been commiU('d selling Iocth !he facIs upon "tlich lhe complaint is based and selling Ionh facts sufftciem 10 enable lhe adminisltalOf 10 idenlify lhe empIo)'ef d1atged_The adminislJdlor's SIal! shall promptly iD\~ig<>le lhe allegalions 01 unta..iul practicesellor!h in !he complainl and."ilhin 15 da)'S 01 liIing.shallser.-e lhe respondenl ..ilh a av.; oIlhe complainl_The
complainl shall be barred unless filed ..ilhin 180 da)'S aft~ the alleged unla"iul pc3ICIia: OCCUI5. (C)Wilhin 90 da)s after !he complaim has been filed.lhe adminislJdlorshall determine whether lhere is reasonable

cause 10 belie'o'e the respondent lias engaged in an unl<w.iul ptactice II it i$ doelermined !hal. u.en. is no reawnable cause 10
belieo.'e lhal. the ""'PO"dent llasengage<l in an unla\o.iul ptacticethe administrator 5haJl issue an onler dismissing the c0m-
plaint (d) \\-,thin len da)'S after ~ing a COllY oflhe onler dismissing the complain!. the complal"illll may file ....,th the admim'lualor an
application lor reconsideralion of the otdel:.l.Jpon such application. the administrator shall doelermine ...,thin IS da)'S ...t.ether
u.en. is A"aSOf\abIe cause 10 belieoo>e lhal. the respondent tIas engaged in an unla\o.-ful ptacticell it is again determined lhal. t~
is no rea50llabIe cause 10 belieo.>e lhat the respoodem lias engaged in an unlawful practice.the adminislJator shall issue an Ofder dismissing the complainl and llOlif).,ng the complainanl lhal. such complalnam ha:s the righl 10 Iequesl a right 10 bring an ltdiort IeIler born the appropriate lederal agencyor petition lot f'e\;e..., in the appropOale Sllperior court as pIO\ided lor in Code
Sec1ion45-1939. (e) After im'eSligation or after the re-iew PRJ\ided for in Sllbsection (d) oIthisCode section. if the administrator detennines that
Ihere is reascmable cause to belio::-ooe thai the respond""l has engaged In an unlawful praoctice, then the adminiSllator"S SUlII shall fi .... endea'".. to elimitMlte the alleged unlawful practice by conference.conciliation,and persuasion.The termsol a conciliation
agreement reached with a restlOrl(\ent rna)' Iequi", the respondent to relrain hom the commission of unlawful di5eriminatOf)" pr<lCHuos in the IUlll~ and make such funher pro...isions as may be agrot.'d upon bet"'Celtthe administrator and tlK' respondent. If a conciliation ag~ment is entered into.the administrator shall i.'<5Ue and sen", on the complainant a final order slating il.~ lern!.~.ExClopt lor the terms 01 the conciliation agreement, neither the administrator nor an)' agent thereol shall make public without the wrinen consent 01 the complainanl and the respondent information concernins ellort~ in the panicular case 10 eliminate an unlawful practice by conlerence,conciliation,or persuasion, whether or not there is a deterrn;natioll 01 rL'aSOnable cause or a conciliatiun ag~ment. (I) In the ',l'oent the administrator determines that there is reasonable cause to belit...'C tllat an agency or authorit)' hasengagt.'d in an
unlawful pmctice asdefint.'d in this anide and the administrators Slat! is unablIJ to eliminate the allegt.od unlawlul practice by c<Hllere",..e,~onciliation.and persuasion. the adminl'lrator shall refer the complaint to a spedal master as pRWided for in Code
Section 45-19-37.
(g)Althc expiration 01 one )'ear from the date 01 a conciliation agreement and at other times in ilS reasonable discretlon,lhe adminiSlrator'sstalf may irl\'esIigate ...1le1her the termsol the agreement h;r,-e been and are being complied with by lhe respon.
delll.TIle administrator shall report the findings 10 thecomplainanl and respondenl.lI the oominiSlrator finds reasonable cause
10 beli....'e that the agreement has been breadled,thecomplainanl may seek mlon:ement 01 the agreement in the Sllperior court of tile counl)" in ..t1ich the alleged ,iolalion 1001< place or in rhe countyolthe respondents residence. (h) The adminisfraror shall issue 10 lhe complainant and the respondenl.9O da)'S fl'om rile date the complaint ,.-as filed and ....'eI')' JO da)'S thereafter; a status report summarizing any ;KIioI! taken ...ith re:specl1O the complainl_The starus ""PO'!S required by this
Sllbsection shall be issued until final f\'!Olution 01 the complaint.

45-19-37.

Appointment of ~ master 10 conduct hurlflll on complalnl: procedure (a) UnIe5l'i the oominiSlrator ha:s issued an Ofder dismissing the complaint or staring the lerms ofa conciliation ;ogreement "'lIhin 90 da)'S aller a complaim is filed, the oomimSlmlOfshoalllequest that the Go\~ appoint.lrom lhe list pIO\ided lor by subsection (e) 01 Code Sec1ion 45-19-23,a special master 10 condOCI a hearing in accordance ,,'ith this anide.NolITlOre th;l.n IS wofti"ll da)'S alter.such Iequesl.the Go\~ shall select and appoinl a special master ....ho mtl:il be an attOfTle)'Iict'nsed 10 pIXlice law III this state..The special master shalllla\"C all oIrhe pDI\'er and aulhoril)" granted to agencies in conducting hearings and rcn<:Ier.
,_. ingfinal orders under Chapter 13 of Tille 5O,the-c.eorg;a AdminiSlr.ltr.'e Procedure Act;includillll but OOIhmited IOsubpoena
(b) Not ITlOn:l than.'iC\'\'fl da)'S aftenhe appoimffl()flt of the special maslIJr.tlle admllllsirator shall :olen-e 00 the respondent and on
the cotllillainant or the complainants attomt.oy by r'\'giSlered orcertifit.'CI mail a ",rinen notice together With a copy of the c0m-
plaint requiring the fCSPOIldent to answer the chafllCScontained therein at a hearing belore the special master at a time and
Illace "llCCilied in tlie nOlice.Such tlOlicIJ muSl t"Ontain all glJllCral and SjlCCilic char')ll'S against the respondent.
(c) TIle respondenl shall scn'C an a'!.Wier with the lIllCCial ma'l!er by registerL'(l or cenilit.'(l mail not more than 20 working days aller
n,ceilll of the noticlJ 01 hcari'IH, which 20 working days mOl)' he cxtcndt.'<l by the SjlCCial master in the special maSlcr's di5cretion lor an addilional time nol to exct...'(lten WQrking days. TIle respondent's at~'\\wr milS! show by a cenificate 01 scrvice tllatthe
rL'SjlOlillem has S()1'\'t.'d a copy 01 the an""'t'r olithIJ complainant or the complllltlallt's aliOntl))' at thIJ last known addrtSi 01 lhe ~Ol1lillllillanlOr the complainanfs attorlll))' where complainantl~n;oprcsclllt'(l b)' an allOrn<l)(UllOn lea"e 01 lite sp.,clallllaSler, tile ~olHplainant rna)' alllIJnd the ~harg<'S contained in the nOlice of hearing.TIIIJ n.'SjlOtulem rna)' amend an alls....er at an)' time prior 10 the hearing or. upon lea''t' of the spt.'C~'1 maSler.may amend thereaher.No final order sllall be isIIut.'d unlC9i lhe respon'
dem has had the opponunity of a hearing on the char')ll'Scomained in the tlOlice 01 hearing or amendment 00 ....hich the linal order is based. II the respondent lails to af\S\\oer the complaint. the special master may enter the respon(\eflls delault UnleSls lhe
default is se1 aside lor flOOd caose shown, the hearing may proceed on Ihe l"\'ioc'(\Ct' in support oIrhe cOOlpiaint
(d) At all)' rime after a llOlice of hearing isse,,'(.'d upon a respondem.disco\'eI')' shall be authori=! in the same manflCf and lash-
ion asdi5cO\'eI')' is pennined under Code Sec1ions 9-1 126 lhroogh 9-11-37 An)' ordcrcomemplated in Code Seclions 9-1126 throoglt 9-11-37 may be issued by tl>e special master:Judicial enlon:emerot of all)' such order may beobfained by lhe COllIp1ainam or respondent in the Silme n1anflCf as is pIO\ided lot the enlon:ement 01 final orders in Code Section 45-19-10
(e)A nospondent ..no has fik.><.! an ansv.-eror 'o'l'tll:lse default in answering lias been set aside lor flOOd cause sho<o.,. tniI)' appear ill
lhe hearing.ITIa)' examine and CfOll:H'.Xamllle "'1Hll.'.'ISl'S and the complainant.and tniI)' after l"\idence.The complainanl and, al Ule di:scR!lion 01 the special master.anyOlher per$Ofl may intCl1'l'fll'.examine and c~ine"'''U1eS5eS,and pn!5ef11 M
"""" (f) Efior1s at con~concillation.and persuasion shall 001 be ~-ed in l"\idence.
(II) Tc:sti1tlOO)' laken at the hearing shall be UOOef OOIh and shall be Sll'flOllraphieall)' or otherwise recotded by a certirred coun reporter. After the hearing. the special master at lhe special masters discf\.'1ion may laloe funher l"\"idence or hear alJUrnents upon notice 10 all pa.rties ....ilh an opponumty 10 be pre5l.'fIt
(h) Exttpt as OIhe......isespedfically pnlloided lor in thisanicle.aJl proceedinlJS of the special master shall be conductt'd as pnllo'idcd lor with ~ ro conlested ca.'15 in OIaprt'f 13 oITitle 50. (i) A complainant ITIa)' retain at the complainant's """n expellS(.' pri\"aIl.' coonsef to represent thecomplainam in any proct.'Cding pIO\.idt.'d lor under this anicle;howe\'er,the COmlllaitMlm ITIa)' utilize the seniel':'li of an indio
,'i(fual employt.'d by the adminislrator pursuanlto paragmph (3) of Code Section 45-t9-27 in presenting Ihl.'
complainanti< ca'iC bek>re the S1lCCial masrt'f.

45-19-38. Andlngs. couduslo..... alld ordu of apeda.l master generally: order 10 ~ue and desist from unlawful pnldke and 10 take remedial KtlOD
(a) IIlhespecial nwlel' de{t'fTI1ines lhalthe respondenl has no! ~ in an unlavoful pr.JCtice.llM' special nwlel' shall_e ltM' special nwlel'S ftnding5 allad and coodusions 01 law and shall issue a flllal order; ",ithln 30 da)'l!I after the hearing unless.lor p>d Cill15e shown.sudltime is extended by the Goo.'t'mOl'.dlSfT1issing ltM' complainT.
(b) lithe special nwler delennilll'S thal!he respondent has engaged in an unlawful pr.JCtiee,tl'M! special master shall state !he :;peeial nwler's finding5 of lad and coodusionsollaw and shall issue iI final ordef.within JO da)'Safler the ht.'aring unle5ls. lor p>d Cilll5eshown.such lime is extended by the Goo.,.mor.rcquiring lhe respondent 10 cease and desisllromthe unlaw ful ptactice and 10 lake such remedial aclion as in the judgment oIlhe special maslef will carry Ollllhe purpoliCSoIlhis ani-
de (c) Remedial action under this Code seelion may include but is IlOllimlted to;
(I) Hiring.relllSlalemelll.or uPllrading 01 emplo)'I.>es w,th or without badcpa~ No award 01 back pay shalll.>c orden!d pur suantlO this allicle wilh respl.octto any period ITKlre Ilwn two years prior to the date 01 the filing wilh tile adminislr.llor
01 the COlllflfaint wilh ll'SfltOClto which such award of back llay is ordered, fnterim earningl,UnCIIII)luymentbenelits. workers' compe,~<;(l1ion benefits.or amount~ earnable wilh re(l.'illIlabfe diligence by the flCll\Oll or f>efSOns discriminal
ed againSl shall O1>ef1lle 10 n.-duce the back pay otherwise allow"ble: (2) Adllli.'\.~ion or reslom,ioll of individualS to pmticip;llc in a Iluidance program,appnmlicesllif> lraining prog",m.onlllL~
job tralninllllrogram,OrOlhcr OCcullationallraining or relraining program "nd lile ulili~~'lio'l 01 obj~'<:tivt) o:rileria in lhe admi.'>Sion 01 individualS to 511Ch progrilln~: (3) TIle eXlension to all indr.iduats of Ihe full and equal enjoymenl 01 the advantagcs,facililics.l)rivilcgcs,and
se"'kes of Ihe "-'"\J>orldent; (4) Reporting as to lhe manner of compliance: (5) fbslinllllOlic<':s in corlSpku0U5 places in the respond(.~lt'$place 01 operation in lhe IDrnl Pre:iCrillt'd by tile adminislra-
lor or special masler, (6) Restoration of employmcf1tber>efilS not otherwise S1lt'Cifll.'d In this Code section;or (7) Recommendillllto the G!l'"mor lhatthe re;pondem be rcquiled to adopl and file with Ihe adminiSlrator......ithln a
specifll.'d time limitation. lor tl'M! admin"istral(lrsapprcpral II plan 10 fill ,ao;a.rw:ies or hire r>ew cmplorcoes in II manner 10 e!imilli'le Of leduce imbalance in cm~menl wilh respect to race.oolor.disabilil}:religioo.sex.nalional origin,Of age.
(d) Any monetary a .....ard onien:'d pursuant to this ilnide shall be /or aclual damages only. (e) The respoodenl shall compl)" "'ill1out deia)' wilh the lermsand cond,llons 01 such a final order.

45-19-39.

Apptallo lIUptrior court of nnal order of special master or rompbJnl disPIl.ssed byadmlnlstralor (a) Any party 10 II heanng belore II special master Of a complaInant ..'hale compla.int has been dismlSlled by tile administralor may appeal any ad'.'CfSe final order of a special nwlef by lilillll a pelition lor "",iew in II'M! superior coon in IIIe COllnly in which the alleged unla.....ful pr.ICI~ occurl'l'd or in !he Sllperior roun alUM' It'Sidence 0IltM' respoodenI wilhin 30 da)'S 01 ltM' i:ll>uance oIlhe final order.Neilller II'M! adminislnuor nor the special master shalf be a named pany.hoIo"C\w.the administrator mUSl be sen'l'd ..rth il copy 01 !he pelltion lor ......i~ ....,Ihin JO da)'5 alter !he pelltion is se...'I'd on the adminislralor.!he administrat(ll" shall/or.....ardlo IIIe coon a certified copyolllle reooro oIlhe hearing before lhe special mastCf, including the traroscripl of lhe hearing befoo'l' lhe special masler and all (...i~.administmli\-e pleadings,and onlers,or the enlire Il.ocord if no Ilea,;ng has been held. For g<xId cause ~O""11.thecoon mil)' require or permil suOOequenl oorre<:lions or additions to the reooro.AlI appeals lor judicial reviewshall be in acoordarw:e wilh Chapter 13 ofT,tle 5O.tlle"Cioeorgia Admini:slralr." Proceduft! Act"; provided,hCM"\'\W.thal if any plO\'isionsol Chapler 13 ollille 50 oonffiC\ with any flrQ\'ision 01 this ankle.this
ankle oonlrols.An indr.'idual emlllO)'I'd by the adminislrator pursuant to paragraph (3) of Code Sl..-ction 45-19-27 shall no! ha,'e Ihe authority to reprcscntthe comp/<linant in any allpealto superior coon of a final ordcr of Ihe spedalmasleror in
any proceedinll in any eOUfl,excepl to sco::ure judicial enforcement of preliminary procedural orders uf a sllL,<;ial m"''iler. (b) TIle coun shall not substilute its judgmenl for Illat of the special lIla\ler as 10 Ihe weight of 'he (.'Vidence on qucstions of faci.
TI'e COlln may "ffirm" final order 01 the special masler or remand Ihe case for furlher procC(.-di'lgs.TIIC court lIIay rc\'ersc or modify the final order il substantial rights of the appellant hi"... lM.ocll p....jlldic~-d lltocause Illll adminiMralin,lindings.inferencCI<. conclusiOl~~ or d~oclsiol)s are:
(I) In violalion of o::on.Slilutional or statutOf)' pr'O\'isions: (2) In excess of Ihe statUIOf)' aUlhority of the agency.
(3) Made upon unlawful procedures: (4) A11lOCled by Olher error 01 law; (5) NOl supported~' substantial e-idence...'hich shall mean thal the reron:I does not contain such ".I(oo,-an' evidence as a
reasonable mind mighl aco::epl as adequale to suppor! said findings. infererw:es. ooncfusions.or decisions: or (6) Mitral)( capricious,or char.!lCleri2ed by abuse 01 discretion or dearly om.-ananled ~ise of discretion. (0::) llopoo judicial"..iew 01 any on;Ierol a:;pecial masler or in a p~ing In ..'hich a complainant seeks enloR:emenl of a conciliation agreement, the roul1 ruk'S in fa\ur oIlhe complail\ilnt.lhen ltM' coon may in its discretion render an award of n"asonabIe anomeys iees and C06lS oI1itiga!ion in the SllperiOl' coon 10 lhe comp/<lil\illlt.

-t:"19-40. Entry of court judgment b-.I upoo fluaI order of admlnUtralor or apeda.l master: noliflootlon of parties; effect
ofjudgmenl Any person aflocted by a final order 01 the admini:strakx" Of a :;peeial master may me in lhe Sllperior coon 01 the coonty 0I11Ie residence 0I11'M! respondenl a certified copy of a final order of !he admini:strakx" or 01 a special mastel' unappealed from or 01 a final Olcr 01 a special nwler affirmed opon appeal. ",-hen"upon said roun shaD render judgment in ao:on:Jance thcn...ilh and llOlify lhe pan~Such judgment shall ha\<oe the same elfect and all proceeding5 in relallon then"lO shall thereafter be lhe same as lhough !he judgmenl had been rendered in an action doly heard and delennined by the roun.

-t:"19-41. Administrntor 10 ha,'e exc:l ...h~ jDrbdlction o,-er dalms under artkle: final delermination of c1alm ban furlher stale acllol1& The adminislratorshaJi ha"e exdos....e jorisdiclion OItt any daim 01 any IInlawlul praclice under th;,; al1ide.A fiMl determ;nalion 01 a daim alleging an unlawlut practice under this ankle shall exclude any Olller actloll or proceeding broughl by the same person based on the same complaint. exccpl for any n"medies which may be available onder ,he United Slates Constitution and kodernllaws_

45-19-4%. Procuremenl of violation of artJd" by penon DOl ""~ lherelO DOl ad"'".... II shall noI be a delen5e 10 a .ioI<sIion oIlhisartide by any per500 subject 10 lhisanide lhallhe.iolaIion ...as tequesled.sooghLorolher....ise procurl'd
by a per500 noI subject to lhisanide.

45-19-43. Access of admlni5lralOr or designee 10 prem!.es. records, and documenb; "",noW! required 10 make and keep employm"nt recordS; application for relld from ordcr due 10 hardship; unlawful for admlnislralor or employee of admlnlslralor 10 make informalton public
(a) In connection wilh an inv,-"Iligalion of a complainl of an unlawful pmclice filed under lhis anicle.lhe administralor or lhe adminisu<llor's designee sllall ha\~ access at any reasonabie lime 10 premises. record~.and dO(:ument, rek'\'ilnl 10 lhe complainl and shali have lhe riglllio examine.pllologmph.and copy ~",idence.
(b) Any person subie<;1 10 lhis anide shall: (1) Make and ke<!psuch rl,,><;;ords as may be PreiCribed by rule5 altdregulaliOllS of Ihe adminisllalor which are n~><;;essary altd
re!e\'ilIllIO llle delenninalion oI ...'tlelher an unla...ful pmelice has been Of is being cornmiued:and
(2) MlIkesueh reports Iherefrom as the adminislralor shall prescribe byrules and regulalioos ...hich are reasooable.necessar}:
or appropriale lor Ille enlorcemem of this allide or orders or regulalions under this allide. (c) If a person fails 10 pennil ac<:esl.etamination.phoIographing.or cop)"ing or fails 10 makeor keep records or reports as requirl'd
by IhisCode section. the adminislr.llor may issue an order requiring compiiance.Upon a failure 10 comply wilh thenrderol the admini$(mlor,the admini$tn\lor may apply 10 lhe superior court lor an order directing compliance.
(d)The adminislr.llor.b) regulal:ion.shall require each person subject to Ihis aIIide ....nOCOOlrolsan IIfIPIeIlli<:e5hip orothet"trniDing program 10 keep a.lI re<:ords ~ .-:essaIY 10 carry 001 llle IXnposes of Ihis anide. illduding. bul noI limlled \Q,a Ii$( 01 applicants ..1>o wish 10 panicipale in such progr.lm.illduding llle ehrortOlogical order in ...hich such appIication$"'l're .eceiI'ed.Suc:h recordssha.ll be furnished 10 the adminislralor upon the adminislralOl's requesl.The administrator may also ~uesI and receiI.'e a detailed descripllon oIlIle manner in ....hich personsareselecled 10 pallicipale in lhe apprenliceship or olher lraining program.
(e) R~'COfds and reports requirl'd by Ihe administralor under lhis Code section shall coofonn as dosely as praclicable 10 similar records and reports ~uirl'd by koderallaw and 10 cWilomary record~ng pradiCC5,
(I) An ~mplo)~r nrnther pel1iOn who beli....-es Ih.allhe al'Plicalion 10 Ihem of an order issu~od under lhis allidc would result in
ulldue hardship may apply 10 lhe adminislralor for relief flOm lhe applicalion of Ihe ordcr.1I Ihe adminblralor find, Ihal Ihe applk,llion of Ih~ regulalion nrorder 10 Ihe emplo}'er or jJ'erson in question would imllOSC all undue hardship,lhe adminisualor
may IImlll npllropriale relic" (g) Wilh resllt.'C1 to a pallicular emlllO)~ror perron. it is unlawful wilOOutlhe empIO)~r's or the pel'SOll'S consenl for Ihe admlnislr.r
loror an emplO)o'ee ollhe adminislralor 10 make public informal ion oblained b}' II><.- administralor or lhe administnllOr's emplO)"
ees pursuanllo Ihe adminislralor's auU>ority under lhis Code 5CC11on.excepl such informalion as shall reasonably be necessary
10 Ihe CondUCl 01 a proceeding under Ihis allicle.

4S.19-44.

Unlawful pradices punishable by civil nne Ca) II shall be an unlaY.ilIl praclice lor 11 pel'SOll ....illfully to: (I) Make public with respect 10 a paniculat emplo}w or person withoul the emplo}'er's or person's COfl$l.'nI iniormalion oblaioed by the adminislrator ~ llle adminislraror's emplo}ftS PUl5Ui\nI to lheir aUlhority undef Code Section 4.>1941. CJCcepl as shall reasonably be nect':5&'lry 10 carry 001 lhe pIOIisions 01 this allide: (2) Retaliale or discriminalC in any manner agaillSl a person beca~ IIle person has <>ppOCd a pr.KIice declared unla...lul by Ihis anide or because Ihe person has made a dlarge.filed a rompla.inl.ICSlified,u;isled.or pallicip<lled in any manner in any im'CSIigation.pIlJC1.'Cding.or hearing oonceming an unlaY.!u1 pIaCIice under Ihis anide; (3) Aid.abeI.incile.compcl.or coerre a person 10 engage in an)' of Ihe acts or prncIic1'5 dedarl'd unla..iul by Ihis allide; (4) ObslruCI or pre>~nl a person hom coml>l)';ng wilh Ihis anide orwilh any order issu..od under Ihis anide; (5) Resisl.llre>'CIlI. impede. or inl~'fferc wilh Ihe administrator or any of his represcnlali.,.cs.emIIlO)'eCS,or wilh a special master in Ihe la....ful performance of duty under Ihis artide;lll'O\';(lcd,howewr,lhal it shall nOI be a violation of this anicle for an)'
olle 10 challenge or resiSl any aClion by Ihe adminislralor or any of his empIO)o'L'C5 or by a Sfll.'Cial master whell there is a !l'lOd failh belief tlmllhe adminislmlor is.or hl, empIO)'L'CS are,or Ihe special master l, adingunlawfully or acling in
excess of stanllory authorily: or (6) Iniliale frr.'Olous and unwarranl..,,1 ch.arges of discriminalion agaim;t a public empIO)o'Cr.
(b) A violalion of this Code 5CClion shall noI be deemed a crime;bul any person who wiUfully \'ioIales Ihis Code St.-'Clion may be punished by a cr.,j] fine noIln ex~oed $1.000.00.

45-19-45, Unlll..ful corupll"ltdes II shall be an un!.a....ful practice lor a person or lor lWO or more pelSOll510 COIl'IpI"':

(l)lO raaliale ordiscriminate in any manner against a person because the person has <>ppOCd a prar:tice dedarl'd urna..ilIl by Ihis aIIide ~ because lhe person has made a charge. filed a COIDpla.im.lestirled.u;isled. or panici
(2)To aid.abeI.incile.COIDpeI.orcoerce a person 10 engage in any oIlhe acl50r praclices dedarl'd unla"ilIl by this allide; (3) To obslruct or pIe\'Cfll a peI500 fn:wn COIDpI)"ing ....ilh Ihis anide or any order i5lsued undef Ihis anide; (")To resisI.Pf'C"'enl.impede.or imerfere wilh the administmlor or an)' of his empl~'tll'5ora special masler in Ihe la..ilIl per.
Iorma~ of duly und~"'lhisarticle; pIOIided.howt.wr.lhal il shall 1101 be a "ioIa11oo oIlhisanicie lor all)'OIlC 10 dlallenge or resist any aclion by Ihe adminislralor or any of his emplo)'l-'G or a special master when Illete is a good failh belief Ih.al Ih\) adminislralor or hl~ emplo}'eCS ~ a spt.><;;ial masr~r is aCling unlawfully or acling in excess of his stalulory aUlhorily;or
(5) 10 inillale willfully fril'Olous and unwarr.lIlled charges 01 dl'ICriminalion againSl a IlUblic empIO)o'er.

4S.19-46. Dale 01 relJellt of "rUde Rl1lC"It.~1 by Ga.J~ 19l1:l.l~ IO'J7,@ l.dfcclive Juiy 1.1~l83,

Appendix B

TITl.E 8. BUILDINGS ANI) IIOUSING CHAPTER 3. HOUSING GENEKALLY ARTICLE 4. FAIR I'IOUSING Currefll lilroug/l lire /997 Session ofl/Ie Gcorgia /egis/alure

Table of Contents

8-3-200. Sh,te I}()llcy: 11Ul"f>OlICS and constructloll or article

8-3-201. OcflnltiOlls

8-3-202. Unlawful pracliccsln selling or renllllg dwellings: exceptions

&-3-203. Unlawful denlalur or dillCrlmlnalloll in lIIelllbcnhlp or llartlcllllion In 'lCrvlee or organl~atJon rdllthlll to $Clllnll or rent Ing dwclllngs

8-J..201. Discrimination In rC81dentlai real cslale relatcd lransacllolls; appralsals

8-3-205. I'crmlsslble limitations In salc. renlal. or occup,mcy or dwelllnlls by religious orlllUllu,tiolls or private clubs; hOMing for oldcr p<.lrsons

8-J..206. I'owen and dulles or administrator, housing and "rball development 111"(I1I....ms 01 othcr agcndes

8-3-207. Edueatlonllialld condUlltory actlvllles; conferences; consnltatlon II.'J 10 cxlcnl or dlscrhulnallon: rcports

8-3-20S. Dlscrlmhlatory hOllslng llractlce comillaint IITQCed"rcs

8-3-209. h,,"csllgallons: condllatlon agr~ments; flnnl rcporl: proe<:dnre on breach of condliatlon agreemcnt: disclosure of h,Ve8tlgMI"e Information; aclion lor lemporary relief: lranslllllllli of Inforlllalion where basis lor action bclleved 10 exist

8-3-210. Proe<:dnr" where local lair ho"slng lllwllppllcable

8-J..211 Procedure Oil filing of discrlmlnalory hoU31ng pracllce collllllnint

8-J..212. SubllOClla5 and discovery: IlCnaltles for vlolatlolls

8-J..213. SllIIe action for enforcement: fllles; damages: civil actlon by loclliagellcy: admlnlstraUve proceeding

8-3-214. Orden of board of commissioners

8-3-215. Allp<.lal from order of board of colllllllssionen; attorney's feellllnd costs

8-J..216. Rling order of admllllsirator or board 01 eonllnl'l8lonel"8 In snp<.lrlor co"rl and J"dgmenl thereon

8-3-217. Clvllllcllons by aggrieved persons

8-3-218. Civil actions by Allorney General

8-3-219. Expedillng of actions under Code Section 8-3-217 or 8-3-218

8-J..220. Adopllon of provisions In local ordinance

8-3-221. COOp<.lratloll with federal and local agencles

8-J..222. Coerclon, Intlmldalion, Ihreats, or inlerference

8-3-223. Compllallce wlIh fede....llaw

Cite a~ OC.GA 8-3-200. er seq. (1996).

Rcscllreh References: Schwemm.Roben G: HOlIsjn" pjsqjrnjnaljQo:West Group. 1997. Relrnall.John p.: HOIISjO<' Djsnjmjnaljoll P@!"lir!,Manrwl:WestGroup.I997.

8-J..200. Slale polley, purposes and consirnciion of lIrllde

(a) 11 is the policy olthe State of G~'Orgia to provide, within cOIL~titutionallimiti)tiOJL~, for fair housillg througlloutthe state.

(b)111e general purposes of Ihis anide are:

(I) To provide lor execution inlhe state of polici.,,; emlxx:li"d in Tit1eV1l1 of the Ci"il Rights Ad of 1968.as amended by tlie

,

Fair Housing AmendmentsAcl of 1988: (2)To safeguard all indi,'iduals from discriminalioll in allY aspect rdating to the sale. rental,or financing of dwellings or in
the pro"ision of brokerage services or facilitie; in connection with the ""Ie or renlal of a dwelling b','call"" 01 that indio

>

"idu"l;; mce.color.religion.scx.disabilitl' Or handicilp. familial status, or national origin:

(3)To promote the elimination 01 dL<;<;riminarion in any aspect relaling to the .ale, rental.or tinancing 01 dwellings or in the

provision of brokerage sc,,'ices or facilities in connection with the sale or rental 01 a dwelling because of a person's

race, color. religion,scx.dL""bility or handicap, familial "'atlLs.or national origin: and

(4) To promote the protection of each indi,'idua!', imerest in p<.lrsonal dignity and freedom from humiliation and the indi-

vidual's freedom to take up resi~ where'o-e.such indr.idual chooses; to secure the Slate againSl domeslic Slrife and unreSl which would men.ace irsdemocralic inSlitutions:to pteSC...'(! the public safet):health,and general welfare:and to lurther the interests, rights,and pmilegcs 01 indil,iduab within the state. (c) This article shan be broadly collSlrued to lunher the g<'Ilcral putpOS(!S Slated in this Code section and the speo;:ial pUrJlOllCS 01 the panicuLar PfO"i:sion im-oh"ed.

3-3-201. Deflnitlol13 As I.I5ed in this anicle.the tenn:
(I) "AdminiSllatot" means the adminiSlralor 01 the Commislsion on Equal Opponunity created under Altide 2 01 Chapter i901 Title 45.
(2)"Aggrie\"ed per.o;on" means any person who claims to lI,r.e been injured by a discriminatory housing practice or ..ilo belie.-es thai he or 5he wiii be irreo.'OCably injuJed by a discriminatory housi"8 practice thai is about to occur.
(2.1) -Board 01 commissioners" means the Board 01 Commissioners 01 the Commission on Equal Opportunity oealed by Code Section <Q.19-23 or a panel 01 three members 01 said board,
(3) "Complainant' means the per.;on, indu<ling the adminiSlraloc"ilo files a complailll under Code Section 8-3-208. (4)"Coociliation"means the artempled resolutton 01 is5Ol's railed by a complaint.or by the im~ion or such complaint.
thlOOgh 'nlonnal oegoIialions im'Ol\ing the aggrie\'ed petS(IO.the respondent.and the adminiSlratoc (5) "Conciliation agweement- means a ..Tinen agreement seilIng Ionh the resolution 01 the i!m.te:s in coocilialton. (6) "CoI'l.'tW multifamil)' dI-'elling" means a building which coosist:s 01 lour or more uni!S and has an eIe\'alor or the S'O"nd
IIoor unils 01 a building ..i1ich consisIS or Iouror more uni!S and does not 113\'" an eIe\'alor.
(7) "Oi:sabiJity' means. with respect to a ~:
(A) A ph)'Sical or mental impairmefll ..i1ich substantially limits one or more 01 such person~ major lile i>Cli\ities; (B) A record or 113\ing such an impairment: or
(C) Being regaKled as Ming such an impairment.but such term does not include current.i11egal U5e0l or addiction to a COIltlOlled substance.
(8)-Discriminatory housing ~"meansan act tlllN is unla..'lul under Code Section 8-3-202,8-3-203,8-3-2l)I,33-205,
or8-3-222. (9) -o..'elling" means any building.structure.or portion thereof which is occupied as,or designed or intended lor occupancy
as,a residence by one or more families,and all)' \;}Cant bod ..1lich isollered lor saJe or lease lor the construetion or location thereon or any such building. structure.or portion thefool. (IO)"Familial Slatus"means.with respect to a pet50n:
(A) That the person is a parent 01 or has legal CuSlody 01 one or more indMduab ,,110 M'C not attained the age 0118 years and such indil'iduals are being domiciled Wllh such parenl or legal custodian;
(8) Thal the person is the designee of a pan::onl or other pe<son ltil\ing legal ctJSlOd): "ith the "'rinen permission of the pan::onl or other peoson,and that one or more indr.iduab ,,110 ha\'C not altained the age 0118 years are being domiciled ",ith such person:or
(C)That the person is prcgn.anl or is in the process 01 securing legal cuSlody of any indil'idual "ilo has 001 attained the age of 18 years.
(11)"Family"iocludes a single indil1dual.
(12) "f\ot!iOn- means one or more individuals, corporatiOIlS,I>annershillS.a.'l.'lOCiations,labor o'llanizations,legal ""Prcso:!flta' tr.'eS, mutual companies, joint1ilod< companics.lruslS, unincorporated organizations,truSlees,. truSlecs in bankrupt<=)(
R.'CCiI-e"', or fiduciaries. (13) "Respondent" mca,lS;
(A) TI,e pct!iOn or Olher emily or the state or locaillovcrnment or agt'ncy accuSl.'d in a complaim of an unfair housing pl<lclice:al1d
(8) Any other person or emity idemified in the course of an in\'CSligalion and nOtified as required ",ith fCSIK'Ctto
respondents so idelllifi~od under .~IIbsl.'Clion (d) of Code Section 33-207.
(14)"Slate"lIle<",~ the Stale of GL'O'llia. (15)'0 rent-means to leilSl:,to sul>lea.o;c, to Ict.and otherwise to lIl<ltll for a consideration the righl 10 occupy premkscs not
owned l>y the occupant

580:1-202.

Unltlwfulllrll.ctJcealn 1IC1ilng or ~ntlng dwellings; cxcellliona (a) f.xc~'pI a.~ exempted by sul>section (b) or (d) of thl~ Code liCClion or Code Scclion S3-205,it shalll>e unlawful: (I) To refuse toS(!1l Of n:ml afle. the making of a bona fide offer, or to refuse to negotiale for the sale or retllal otorOlhc.wisc
make una\'ililable or dcny,a dwellinllto any PCr.iQtl lH..'CallSC of mce,color.religion,sex,disability,familial s1atus.or
national origin: (2) To dl'ICriminate agaillSl any person in the terms.condirion.~orprivill'llCS of sale or rental 01 a d>o,"'lling.or in the prtrdsion
of se....ices or facilities ill cOlln~'Clion thcR.'With,becausc of race,color,religion,sex,disabilil): familial status,or n.ationalorigin:
(3) To make,print,or publish or cause to be tTIilde,printcd,or published any notice,Slatemenl,or ad\'Cnisement.with A':IpCCI to the sale or remal of a dwelling, that indicates all)' preference,limitation.or discrimination based on ra'.>Ior,religion.
sex,disabilil):familial slatus.or national origin,or an intentiol110 tTIilke any such prelerence.limltalion.or discriminalion;
(4) To represent to any person because of race.color.religion,sex.dis.~bllity:lamilialSl.atus.or national origin tllal all)' dI--cIHng is not ;}\'ililable lor inspection.sale.or rental when such dwelling is in fact so il\'ililable;
(5) For profit,lo induce or attemplto induce any person losell or rent any d\oo-elling by representalions regardillfl the enlryor
prospectr.-e entry inlO the ncig/lborhood or a person or persons of a panicular race. color; religiort,sex,lamilial Sliltus.or
national origin or with a disability;
(6) To discriminale in the sale or n::onlal,or to 0I1lefwi:'lc make unmOlilabie or denl4a dI-'elling to any bu)'eror rentef because of a disability 01: (A) Thal bu)'Cf or renter;
(8) A person residing in or imendingto reside in that dI-'elling alief il issold.n::onted.or made il\ailable:or (C) Any person -ociated with thai bu)'Cf or tmtCf;or
(7) (A)Todi:scriminale agaitlSl any person in the Ienns,condilions,or prWilegesol sale or renlal 01 a dwelltng.or in the provision 01 ser.ices or facilities in connection "ith such d\oo'l'lling.becaU5e 01 a disability of: (i) ThaI. perwn.:
(ii) A per.o;on residing in or illlendil18 to reside in that dwelling alief II iuold,tmted,or made /J\'illlable:or (iii) Any person associaIed with thai ~. (8) ror putpOS(!S 01 this par.tgr3Ph,discriminalion itldudes; (i) A refusal to permit the e:xpense or the person with disabilities, reasonable modiliciMions 01 exiSling premi!;-

es occupi~>d or to be occupied by such person il such modilications may be necessary 10 afford such per son lull enjoymem 01 the premises,excepllhat,in the case 01 a rental,the landlord may where it is reason able to do so condition permissioll for a moditication on the remer's agreeing to restore Ihe interior 01 the premises to the condition that existed befon) the modification, reasonable wear and tear excepted: (ii) A retusalto make reasonable accommodations in rules, policies, practices, or services when such accom modations may be necessary to afford such person equal opponunity to use and enjoy a dwelling:or (iii) In connecHon wilh the design and construction of covered multilamiiy dwellings lor tirst occulmncy after Man:h 13,1991,a failure to design and construct those dwellings in such a manner thai:
(I) The public use and common use portions of such dw<lllings are readily accessible to and usable by persons with disabilities:
(ll) All the doors designed to allow pas;age into and within ail premises within such dwellings are
suHiciemly wide to allow passage by persons with disabilities in wheelchairs: and (lff) All premises within such dwellings contain the lollowing features of adaptive design: (a) an
accessible route into and through the dw<lliing: (b) light ~'Witches,electrical oUllet~,thermo:stat~, and other environmental controls in accessible locations: (c) reinforcements in l>athroom walls to allow later installation 01 grab bars:and (d) usable kitchens and bathrooms such that an indi vidual in a wheelchair can maneuver about the space, (C) Compliance with the appropriate requirements of the American National Standard for buildings and lacilities providing accessibility and usableness tor pll}'Sically disabled people (commonly cited as"ANSI AII7,1") suffices to satisfy the requirements ot subdivision (B)(iii)(lII) of this paragraph. (0) In regard to persons with disabilities,discrimination includes, in connection with the design and construction of covered multilamily dw<lllings for first occupancy aller Mar<;h 13, 1991,a lailure to design and construct dwellings in such a manner that the lW.'Cllings ha\'C at least one building entrance on an accessible route,unless
it is impracticable to do so because 01 the terrain or unusual characteristics 01 the site,
(b) (I) Nothing in this Code sec;tion,other than paragraph (3) 01 subsection (a) 01 this Code sec;tion,shall apply to: (A) Any single-tamily dwelling sold or rented by an owner,il: (i) Such private individual owner does not own more than three such single-family dwellings at anyone time: (ii) Such bona lide privale indi\'idual owner does not own any interest in,nor is there owned or resen-'ed on
his behalf, under any express or voluntary agreement,tille to or any right to all or a portion 01 the proceeds
lrom the sale or rental of more than three such single-family dw<lllings at anyone time: (iii) Such dwelling is sold or remed:
(I) Without the use in any manner of the sales or remal lacilities or the sales or rental sen-'ices 01 any real estate broker, agent, or salesman,or of such lacilities or sen-'icC5 of any person in the business of selling or renting (woellings,or of any employee or agent of any such broker,agent,salesman,or person:and
(II) W,thoutthe publication,posting,or mailing, alter notice,ol any advenisement or written notice in violation of subsecHon (c) of this Code sec:tion: but nolhing in this paragraph shall prohibit the use 01 allomeys,escrow agents,abslractors,titie companies,and other such professional assistance as necessary to perfect or transler the lille:or
(8) Rooms or units in dwellings containing living quaners occupied or intended to be occupied by no more than four lamilies living independently of each other,il the owner actually maintains and occupies one of such living quarters as his residence,
(2) In Ihe case 01 the sale of any Such singte-Iamily dwelling by a private individual owner not residing in such dwelling at the time ot such sale or who was not the most recent resident of such dwelling prior to such sate,lhe exemption grant ed by this subSl'ction shall i1PPIy only with respect to one such sale within any 24 month period,
(c) For the purposes of subsection (b) of this Code sec:tion,a person shall be deemed to be in the business of selling Or renting dwellings if: (I) He has, within the preceding 12 months, participated as principal in three or mOn) transactions involving the sale or n)ntal 01 any dwelling Or any interest therein: (2) He h~ within the preceding 12 months, participated as agent,other than in the sale of his own personal residence,in plO'o'iding sales or rental lacilities or sales or remal sen-'ices in two or more transactions inwlving the saie or rental 01 any dwelling or any interest therein:or (3) He is the owner of any dwelling designed or intended lor occupancy by, or occupied by, live or more families.
(d) Nothing contained in this Code section shall require that a dw<llling be made amilable for rental or lease to an individuai whose tenancy v.ould constitute a direct threat to the health or salety of other individuals or wh~ tenancy would result in subslantial physical damage to the property of others,

8-3-203. Unlawful denial of or dlscrimlnaUon In membenhlp or parUcipatlon In service or organlzatlon relating to seiling or renUng dwellings It shall be unlawful to deny any person access to or membership or participation in any multiple-lisling sen-'ice, real estate brokers' organization,or other servicf!,organization,or facility relating to the business ot seIHng or renting dwellings or to discriminate against such person in the terms Or con ditions of such access, membership, or participation on account of race,color, religion,sex,disability,familial status,or national origin,

1l-3-204,

Discrimination In T'ClIldentiai real estate relaled tran&actloo.s; appraisals (a) As used in this Code section, the tenn "residential real estate related transaction"means any 01 the lollowing: (I) The making or purchasing 01 loans or plO'o'iding other financial assistance: (A) For purchasing,construcHng, impro'ling, repairing,or maintaining a dwelling:or (B) Secured by residential real esIate:or (2) The selling, brokering,or appraising 01 residential real property: (b) It shall be unlawful lor any person Or other entity whose business includes engaging in residential real estate related transac tions to discriminate against any person in making available such a transaction Or in the terms or conditions of such a transac lion because 01 race,cofor,religion,sex,handicap,familial status, or national origin. (e) Nothing in this anicle shall be construed to prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration lactors other than race,color,religion,nationai origin,sex,handicap.or lamilial status,

,,

8-3-205. Permissible IlmltatloDllln sale, renlal, or occupancy of dwellings by rellgiolUl organizations or private clubs; housing for
older penoDll (a) Nothing in this article shall prohibit a religious organi?.ation,association,or society, or any nonprolit institution or organization

operated,supen-'ised,orcontrolled by Or in conjunction with a religious organization,association,or society, from limiting the

sale,renl<ll.or occupaocy 01 dwellings which it (M'llS or operates 1or00her tllan a commercial purpose to personso( the same religion or from gr.'ing prelerellCe lOsuch persons unless membership in sucll religion is restricted on a<;oount 0( r.lUO,CQIor,
sex,lIandicap. familial status.or national origin. Nothinll in thisartidc shall prohibit a pm'llle dub IlOI in fact opeIllO the public,
"..hich as an irw:idem to its primal)" purpose or purposes p,.,.,ides lodgings which it ownsor operates lor other than a commer' dOli purpose, from limiting !he ,..",1<11 oroc<:upancy of such lodgings to its member.;; or from gr.ing prelererw:e to its members. (b) (I) As usN in lhis sub5eclion,lhe lerm -housing lor older persons' means housing:
(A) PnJ\ided under any Slate or lederal program lhlll the administrator determines isspeciflCallydesigned and operated 10 il'i5iSI elderly pel'jOIlS as defined in the stale or Ieder.ll program:
(8) Imended for.and solely occupied b,( persons 62 }~ of or okler; or
(q Intended and opernled lor occupaocy by at 1east one pefSOIl55 }'ea1'S 0 1 . Of older per uniL In determining ..tletller housing qualifiES as tlOUSing lor older petSOI'IS under this subsedion.lhe administralor shall deo.-elop regu-
Ialions ..tlich "'Quire al1east lhe IolkMinglaclors:
(i) The existence 01 significanl lacilitiEs and ser.ices specifK:a.l1y designed 10 meet !he p/P,'$i<;aI Of 5Oda1 needs 01 older persons. or; if the pouIision 0I.such facilities and ser.ices is IlOI pr.ochcable.lIIal .such tlOUSing is neces-
sal)" 10 plO'oide importanl tlOUSing opportunities lor older pl'fSOIlS; (ii) Thal at least 1lI pen;enl 01 !he units are occupied by at IeilSI one pefSOIl 55 )'ea1'S of age or older pel" unil;and (iii) The publication 01 and adheren<:e 10 policies and procedures ...hich demoostrale an intent by the (M-ner or
manager to pouIide tlOUSing lor peqon:s: 55 )'ea1'S oI.or~ (2) NoIhing in lhisanide limits the applicability 01 all)' reasonable Iocal,stale,or Iederal restrictio:ln!i regarding the maximum
number 01 occupants permitted to occupy a dIo"elling.The proooisions in lhis anide regalding Iamilial stallI5 shaJll101 appl)' ..ith IeSpeCIlo tlOUSing lor older persons. (3) Housingshal1l101lai1lo meet the l'I?Quin!melltS lor housing lor older pel"Wll5 by reason of:
(A) ~ ~ing in.such tlOUSingasol Match 12,19ll9,wtoodo 001 meet the age l'I?QuiremenlS 01 subparagraph (8) or (q 01 paragraph (I) oIlhis sub6ection; pouIided. howL...-er; lhlol new occupants 0I.such tlOUSing meet the age
l'I?Quiremen15 oIsubpilrag<aph (8) Of (q 01 paragraph (I) 01 this subsection;or
(8) Unoccupied unilS;plO\ided,oo..'C'o'l'f.thaI.such unilS are resen'ed lor occupancy by per.;;ons ..flo meet lhe age l'I?Quirementsol subparagraph (8) or (q 01 paragraph (I) of lhissubsedion.
(4) Nothing in this anide prohibits conduct againsl a person because.such pefSOIl !las been oom"ieted by all)' coon 01 COOl" petenl jurisdiction 01 the illeg<ll manufacture ordi5tribulion 01 a conlrolled subslance.

8-3-206,

Powcn lind dUlles of Ildmlnistnltor; bOWling and urban d~H~lopm~nt programs of other IlJCndes (a) The authority and responsibilily for administeringlhis anicleshall be l'eS!ed in the administrator of the Commi$$ion on
Equal Opponunil): (b) l1le adminislrator ma)' delcg.ate any oIlhe administr.llor's funetions.dulies,and pl)\''l'1S to emp~oeesof the Commission on
Equal Opportunil)" or to boards 01 such ernl~oees.iocludi118funetions.dulies,and pl)\''l'r.;; With ~ lq im'eS!igating,corw:ilia1illg. hearing.determining.ordcring. ce<1if)ing,ll.'l'Oning, or OIherw~acting as 10 all)' wor\(, business,or mailer under Ihis anidc.lnsoIar as possible,corw:ilialion llX'CIingsshal1 be held in lhe cilies or OIher Iocalities ..~ the discriminalol)' housing practices allegedly oc<:urred. (c) All dt..'piHtments and agcllciesof state SOI"t'mlllenl shall administer their ll<'Cl8rams and aetr.ilies relalinglO housing and urban dC\'elosllllel1t in a manner allirmatr.'\.'1y 10 lunhcr the IlUrposesof lhis anicle alld shall cooperate "';lh lhe administrator 10 furlhersuch purposes.
(d) TIle administrator shalf: (I) Make studies with reSpt,ello the nature and extent 01 dLo;c;riminatory housing practices in represenlalr.-e t:ommuniHcs, urban,suburban.and rural,lhroughout thl! Slate: (2) Publish and disseminate repons,rccommendmions,and information dern"t.'<l from such studies: (3) Coopernte with and R,'nder !<.'(;hnit:al iL<$l.'tant:e to local and othl!r public or Ilri'~ate agencics.organilatiollS,and inSl;lu, tions which are lormulating or t:MI)'ing on progrnms to prel'em or eliminale discriminalory housing practic...: (4) Administer the programs a",l acti,iti ... relalingtn housing ill I' manner allirmalil"t'ly 10 lunher thc polkies 01 this anicle: (5) A<lopl, promulgatC,alnend,and rescind,subject to the approval 01 the GoI'cmor alter giving proper notice and hearing to
all ilHeresll'<l panics pursuant to Chapter 1:1 olTIlic 5O,thcGt,.'(I'llia Adminl"liIt;w Proct..'<lure At:t,"sut:h rules and regula hOll'iL' mOl)' be net:cssary 10 t:arry out the provisiOlts 01 lhls article: (G) Coopernle with the Unitt..'<l Slates Oepmlmcnt of Hou.,inll and Urban Dc,-elopment t:reatcd by Section loeb) of the Dcpanmcnl 01 Housing and Urban DI.'I'Clopmcnt Act 011965 (79 S1al.6(7) and with other Icderal and local agencies in older to achk'l'e the Ilur'JXllSCiOfTIUeVlIl 01 the Civil Righl~ Acl 011968 (82 S1al,8L).iL~ amclldcd by the Fair Housing Amendments Acl 011988 (102 Slul.lG19).and to cooper.llc with OIher It..'<lcral and local agencies in older 10 achiC\'e the pur'JXllSCi of this anide;
(7) Accep! gifts.bcqUesls.grants.ororhcr public or pOI"ille paymcnts on behall 01 the Slate and pa)' such monC)'S into the
Slate treasul)": (8) Accep! on behalf o/lhc slate ll.';mbur.lCl1lt.'l1t pursuant 10 Set:lion 810 of the Cr.il Rights Acl of 1968 (82 S1at.8S),as amend-
ed by lhe Fair Housing AmelldmentsAcl of 1!l88 (\02 S1at.I62S).fCN" .se ....it:i'S rmdered 10 3S':iislthe United Slates Depan menl 01 Housing and Urban ()co,-eIoslJllentand (9) Maintain with lhe Uniled S1ales Depanment 01 Housing and Urban I)eo,-clopmenl stalus as a't:enifled agency-under Seclion 810 01 the Cr.il Rights Acl 0/1968 (82 Slal.8S),as amended by lhc Fair Ilousillg Acl of 1988 (102 Slal.l625),aud as jllO\ided b)' the rulES and regulalions of said depanmenl. (e) In any casoe ..t>ere tf>c federal [)epanmcnt oIlfousing and Urban I)eo,-cloptncm has imllated an ill\'eS!igation or any action Of proceedings against any person relalr.'l' to an)' OClSor Clm.ssions by such pefSOIl ..tlich may be in 'iolalion oIlhis anide,tf>c adminislralor shaff have no authority 10 iniliate or pul'SUe agaInst such pelSOll an)" ill\'eSligalion,cilil action,or administral.I\'" cnloKemclll cO\"ered by Ihe pouIisions oIlhis anide with .egald to the same acts or orntWons or lacts or c1rcumslances 10 which the ledefal ill\'eSllgalion or pnJC1.'I.'dings OIl'\.' applicable

S-3-207, Educallonal and conciliatory ae:t1.-lUes:; CODf~reDC:es:; co......llIIlIon . . 10 ~~nl of dbcrlmlnatlon; reports The adml1listrnlorshall comrnenoce.such educalional and coocihalory act",lIes as in the administralOf's judgment "'illlutther the purposesollhis article. The administlalOf shall call conletenccs 01 persons in the tlousing indUSlI)" and DIller imCO!Sled panies to acquainl lhem Wilh this anide and the administmtor's suggesled means 01 implementing lhis artide and shall eOOeal'Ql" "-Ith their adli' 10 work OUI programs of volunlary compliance and oIt..'llforoccnM.'111. The administlalOf shall COI""$Jlt Wilh S1ale and local offICials and DIller inlCO!SlOO panies 10 learn the exrcnl,if all}:lO ..tlidl tlousing discrillll1lalion exIStS in lhis slale,and ..tlo.od>er aud how enlorcemenl programs mlg'u be uhllZl'd tocombal.such discriminalion in ronnedioo ..ilh If>c administralor's enlon=cmcnt of lhis anide. The administralor shall issue reports on .such conletenccs and oonsullalions as lhe administralor deftns appIOllriale.


s.3-208, I>llK:rimlnatory housing practice C<lll1l,lalnt procedures

(a) An aggrie"ed ~rson may.nOI later tllan one )'Car after an alil'Sed dL'<CriminalOry hou~ing I'mcti<;e h1\.~ o<;<;urred or terrninat-

t-d. file a cornplaillt wilh the admillistrator alleging such discrimiliatOlj' Itousing practice. TIle administr<ltor,on the adminis-

troltor'S own initiati,e.may also file such a complainl. Complaint~ shall be in writing and under oalll ami sllall contain such

inlormation and be in such form as lite administr<llOr requires. Upon tlte filing of a complaint under this sub....>. <;1ion, Ille

administrator shall scm:~ nOlice u]lon the aggrie\'l'<l ~rson acknowll-dgi'lg the filing ami advising tile aggrie\'l-d i>Crso'l of

proceduralllme limits and lhe choice of forums providl'<l under this article.

(b) TIle administralorsltall,lIotlater titan ten days aller the fifing of a eomplai1l1 or the idell1ificalion of an additional fl.'SPOndelll

under sul>sl.><;1ion (d) of this COOl' "'-><;Iion,scm~ on Ihe respondenl a nOlice idenlifying Ihe ;;lil'Sl>d discriminalmy Itousing

praclicc atld advising suclt respondcnt of the procedural rigltts and obligations under this article, together with a copy of lhe

original complaint Each respondent may file,nol lalerlhan len days aller fl.><;/lipt of notice from the adminislr.:llor,an answer
to Ihe <;omplainl.

(c) Coml,laints and aTlloW.~n; shall be wrifil'<l and may be reasonably and fairly amendl,<1 at any time.

(d) A person who is nOl tlamed as a respondenl in a complaim, but who is ide1l1ifit'<l as a resl>ondetll in the eOllrsc of an in\'t'Sti-

gation,may l>c joined as an additional orSllbst;lute re<pondenl llpon written nolice to such po:rson from Ihe administrator as

>

provided in subsection (b) olillis Code section, In addition 10 Illct1ingthe fl.'quirements 01 subst><;lion (b) of this COOl' 5(.><;-

lion,lhe notice shall explain the basis for the adminislralors belief that such person is propo:rJy joined as a respondeul.

8--3-209_ h1\"ClItlga!lons; concilialion agreemenls; final reporl; procedure on b...,ach of C<lnclllalion agreement; dIsclosure of lnve... IIgalive InformaUon; acUon for teml>orary ...,lId; transmillal of l"formalion .... here basis lor acUon believed 10 exlsl
(a) The administralor shall i'l\"estigate an alleged discriminatory housing practice a'id cumplele such invcstigatioll witltin 100
days after the filinG 01 a comiliaim unless it is i'npracticable to do 50. If the administrator is unabie to complete lI'e inv'-"ltiga-
tion within 100 days aller the filing of a complaint.the adminiSiralur sltaH notify the compiainant alld respolldefll 01 tile reasons for the failure to complele lhe ill\''-''ltigalion. (b) During Ihe pcriod beginning with tlte tiling of such complainl and ending with the filing 01 a charge or a dismissal by tile administrator,lhe administratorshall,lo the extent feasible, engage in conciliation with respt><;t to such complaint. A concilia tion ag",emenl arising oul of such conciliatioll sltall be an ag,,~ement between the resl>ondem and tile complainam and shall l>c subjecll0 apprm"l by the adminc'tralor. A conciliation agreemenl may pro"ide for binding arbitr.:ltion of Ihe di.. pute arising from the complaim, Any such arbitration that results lrom a concilialion agreement may award approllriate relief, including monetary relief. Mch conciliation ag~meut shall be made public unless the complainant and fCspondcnt otlterwise agree and the adminislratordelellnincs thai disclosure is not fl.'<lulred 10 fUllher the plllpOSes of this article. (c) At the end of cach invcsligalion underlhis Code SL><;lion, Ihe administrator Shall prelXlTc a final invC'itigativc rel>Ort conlaining the lollowing:
(1) TI,e uamcs and datC'< of conlaclS with witne;scs; (2) A summary and the dates of correspondence and Oliler cotllaclS wilh the aggrieved pcrson and tile resl>ondent: (3) A summa!)' de;cripiion of Olher pertinent records; (4) A summary of wimess statemenlS: and (5) Ans\\'er.; 10 interrogatorics.
A finall'el>Ort under Ihissubsectioll may be amended if additional evidence is later disco'"Cred,

(d) Whenever the administrator h1\.' reasonable cause 10 beli<l\"C that a respondent h1\.' breacht>d a conciliation agreemenl,the administmtor shall refer lite maller 10 lite Anomey General with a recommendation Ihat a civil aclion be filed for tlte enlorcement of such agfl.'Cment
(e) (I) NOlhing said or done in lite course of conciliation under this arlicle may be made public or used as evidence in a subst'quent procct'<ling under this ;;rticle wilhout the written com;ent of the parties conCenll>d.
(2) NOlwithslanding paragraph (I) Ollllissubseclion,lhe administrator sltall make a"ailable 10 Ille aggrieved pcrson and the respondent at any time upon fl.'<Iue;t following completion of Ihe administrator's irwcsligation information derived from an investigation and any final investigati'"C reporl relating 10 lhat investigation.
(I) (1) If the administrator concludes at any time following the filing of a <;olllplaint thai prompt judicial action is necessa!)' to carry out lhe provisions of this article,lhe administrator may authorize a civil action lor appropriate temporary or preliminary relief pending final disposition of tlte complaint under this Code seclion. Uj>OIl such aUlhorizalion. the AllOIney General may commence and maintain such an action.Any temporary re<;trainiug order or other order granting preliminary Or temporary reliel shall be issued in accordance with Chapter 11 of Title 9, tlte"Georgia Civil Practice Act." The commencement of a civil action under this subsection does nol affect the iuitiation or continuation of administmti,'e proceedings under litis Cooe seclion and COOl' Sections 8-J..213 and SJ..214,
(2) Whene'"Cr the adminislralor has rea",n to l>clieve that a basis may exist for the commeucement of prOCl'edings again'l any respondenl under sul>sl.'<:lion (a) of Code Seclion 8-3-218 or for proceedings by any governrnentallicensing or supervisory authorities. the admiuis1t<l1or s1lalltransmit the inlonnation upon which such belief is ba.'<l'd 10 Ihe Attorney Geneml.or 10 sucll authorilics.as the case may be.

8-3-210. Procedure ....here local fair housing la.... applicable \\lhetl""Cr a local faIr housing law provides rishts and remedies for alleged discriminatory housiug praclices which are sub,lanlially ~'<Iuivalent.as cerlified by the Secretary of Housing and Urban De\'elopmem as pro"ided in Seclion 810 of the federal Fair Housing Amendments Al'l of 1988,to the riShlS and remedies prm'ided underlhl' article,lhe adminl~tratorshall notify the appropriate local agency of any complaint hil,<1 which appears to conslitute a violation of tile local lair 1I0usinglaw,and the adminislral0r shall take no funller aClion willt respecllO such complaint if tile local law enforcement official has, within 30 days from lhe date the allegl>d offense was brought to his attentiou.commenc~>d proceedings in the mailer. In 110 evem shall tile administrator take further action unless the adminislrator cenifies lhal, in tile administrntor"s judgment under the circumslances of the p<~rticular case.lhe protection of Ihe rights of the parties or Ihe inle...". " of juslice fl.'<)uirc such action.

8-3-211. Procedure on filing of discriminatory housing practlce C<llUplaint

(a) The administrator shall,witllin 100 days after Ihe filing of Ihe compiaint,delermine based on lhe facts whether reasonable

,

calISe exists to believe Ihat a discriminatory housing practice Itas occurred or is about to occur. unless it is imprnclicable to do so or unless lhe administrator has approved a conciliation agreement with re<;pect to the complaint. If Ihe adminl~trator

is unable 10 malle the determination wilhin 100 days after Ihe fLling of the complainl,tlle administrator shall nOlify tile com-

plainant and respondent in writing of the reasons lor not doing so.

(b) (I) If the administrator detennines Ihal reasonable cause exists 10 believe tllal a discriminatory housing praclice has

occurred or l~ about 10 occur,the administrator shall. except as provided in paragraph (3) of this sub5(.>(;lion, immedi-

alely issue a cllarge on l>chalf ollhe aggrieved person.

(2)The charge shan COnsl<;l of a short and plain statement of the faclS upon which the administrdtor has found reasonable

cause to belie\'e thai a discriminatory housing practice hasoccu~or is about to OttU~shallbe bawd on the final Irr.oesUgatr.... .eport.and need not be limiled 10 the lacts or grounds alleged in the complaim. (3) Ilaller ill\"e5ligalion. the adminislr.llOf detennines thal the maner ill\M'f5lhe legali\)' ol any stale or local mning or ocher
land use ta... or ordinar><:e, the administralor stIaIl immedialely refer the maner 10 the Atlomey General lor appropriate
action instead 01 issuing suciI charge. (c) II the admini5tral:or detennines thai no reasonable ca.useexi5l.s 10 beI"-",... lhat a discriminalory housing pr;>ctiao has 0tt\I~
or islOboullo occu~theadminisu3Ior shall promplly dismiss thecomplaint The adminislralorshall make public disdo5tJl'l! 01
eadI sudl dismissal. The administrator may not $Iue a charge under this Code sedion l'l!giU'ding an alleged discriminalory housing practice aflerthe beginning olthe lrial 01 a cMI iKlion commenced by the aggrie\'l!d paM)' under an acI ol Congrei15 or a Slale la\O(seeking relie1"ith respecllO thai discriminalory housing practice-Mer the administmlor issues a charge under this Code sedion,the adminislralor shall ca.use a copy thereof 10 be 5enl!d on each respondent named in sudl charge.loJlIeIher
with a llOIice ol opportunity for a hearing ill a time and place specirled in the llOIice.and on each aggrle..'l!d per.;on on whose
behallthe complainl was filed.

s.30212.

Subpoenas and diKovery; penaltlCll for vlolatlo... (a) The adminislratOf may issue subpoenas and order disc~ry in aid of im'C5ligations and hearings under this article. Such su\). poenll5 and discO\-ery may be ordered to Ihe same exlenl and subjecll0 the same limitalioll5 as would apply if the subpoenas or disc~1)'w-ere ordered orsen-"ed in aid of a civil action in superior court in which the invesligalion is laking place. (b) Witnesses summoned by a subpoena under this Code seclion .,hall be enlitled \0 the same witne:;.s and mileage fees as witnesses in proceedings in superior courts. Fees payable to a witness summoned by a subllOCna issued at the "-'quesl 01 a palty shall be paid by ttle party. (c) (I) Any person wllO .....illfully lails or neglects to attend and testily or to answer any lawful inquiry or to produce records,
documents,or other evidence. if it is In such person's po.....er 10 do so.;n obedience to lhe subpoena or olher lawlul order under subseclion (a) of this Code se<:tion,shall be guihy of a misdemeanor and,upon conviction thereol,shal1 be pun-
istled by a fille 01 IlOI more lhan $1.000.00. (2) Any person who. with intent thereby 10 m~ead another per.;on in any proceeding under lhis anide:
(A) Makes orcauses to be made any laise entry orSlalement of fact in any rcpon.account.recon::I.or (llh.er document produced pur:iUantlo subpoena or other lawful order under subse<:tion (a) olthis Code section;
(8) Willfully neglects or fails to make or to cause 10 be made full,tru@.andCl:lrTe<:tentriesinsudlreporl$.acoounl$,
records, or (llh.er documents; or
(C) Willlully mutilales, allel5.or by any (llh.er means falsifies any documentary eo.idence sha.U be guilly 01 a mi$demeanor and shall be lined not ~ than $1,000.00.

8-30213.

State KtIon for enlora:meot; fines; ~ d'il IctIoa by local. agency; admlnlRnlhe J'f'OCt:t:dlng

(a) (I) When a charge is fifed 10 initiate an adminislrat"... complaint under Code Section 8-3-208.a complainam,a ,espolldelll,Of

an aggrieYed per.;on on ,,'holM! behalf the complaint ,,-as liled may eIed 10 ha>'e the daims asserted in lI\iIl charge decjd.

ed in a cMl action bfooght by the Auomey Genelal on beIlall of the aggne.'ed person as provided under paragraph (2) 01

thlisubseclion in lieu ol a hearing undersubpa.agrapl1 (eXI)(A) or (eXIX8) 01 this Code section. The election must be

made not taler than 20 da)'S aller tile receipl by the eledin!l person ol5erlice underCode 5ecIion 8--3-211 Of.in 1he case

sernce. of the administralO1;IlOI later than 20 da)'S aller such

The per.;on makingsudl election shan !l"-e notice 01 doing

so 10 lhe adminislrator and to aU other complainants and responderlts to whom lhecharge relates.

(2) If lhe admini5lrator has been unable 10ob!ain mluntary compliance or as a result 01 an im'C5ligation under Code Section

8-3-209 finds that there is reasonable ca.use to belie"e Illat a discriminillOI)' housing pr.Ietice hasoccurred,atthe AlCOrn-

mem!ation olthe adminislralor,the Anorney Genernl.alter reviewing the adminislralor's findings and detennining that

SUch findings are w-ellgTOOl1dl'<l in IJ.ct and warramed by Iaw,shall bring an action in lhe name olthe Slate on bellall of

Ihe a8!lrie\'ed person to enfon:e lhe provisions of this article.

(3) If ilil el('Clion is made under pamgmph (I) or (2) ollhis subsection,lhe admil1islr.ltOr shall authoril.e and,nol later than

30 dJ.)IS after tile ek'<:tion is made, the Anomey General,after reviewillg the adminislralor's charge and d.-:terminll1l1 lhat

SUdl cha'lle is well grounded ill facl illld wamlll1<..'<l by law.shall commence a civil aclion on behall of the aflllrieved per

son seeking relief under this Code seclion in a superior court.

(b) Whene\'er an action filed in cour! pursuant to pamgmph (2) olsubseclion (a) olthis Code st.'Clion or Code Seclion 8-3-217 or

~2l8 comes 10 trial.the adminislralor shall immt'<liately terminale all eflorlS to obtain voluntary complian<;e.

(c) (I) TI,e court may imp(Jl5e lhe 10l1owinglines if the respondent has been adjud8<-'<lto Ila'-e commiued a discriminalory hous-

ing pr.Ictice:

(A) Up to $IO,ooo_oo.il the respondt.'fll has IlOI previously been Iound guilty of oommilling a discriminatory housing

practice;

(8) Up to $25.OlXl.oo,ilthe respondent has beef1lound guiltyol commil1ing one prior di:scriminalol)' housing pr.letice

within the preceding r..... yealS; or

(C) Up 10 $5O,OlXl.oo, if 1he n:o:spoodent has beef1lound gulf\)" of oommitting lWO or _ discriminatory housing

pr.Ictices wilhin lhe preceding5e\~)'ea1'S.

(2) The COUI1 may award ~ attorney's lees and COS!!> 10 1he administralor or aegrie>'l!d per.;on in any action in "itidl

the adminislr.llor or asgrie>l!d person prll\<1ilsor to the respondent in any acIion in whidl1he respondent pre><1ilsonly

ulXMl a showing thallhe action is fn.'OIotts. un~asooabIe.or "ithoul Joundalion.

(3) In addition 10 the remedies:le( Ionh in paragraphs (I) and (2) 01 thli subseclion,1he court may a",oard acIua1 damages

and pun~n-e damages to 1he aggrioe'o'l!d person. f'uniln-e damages a"oalded under thissubseclion may be a"oalded only

when lhe eYideoc:e shows that Ute ft'SlXKldents actions shcJ,'l!d "illful misconduct, malice.lr.aud, "oantonl'lCSS,OfJPfl,':SlIion,

or that entire want 01 cal(' which \VOU1d raise the presumption of oonscious indifference to COIl5l'qI.>erlC'f5 Of 10 the rights

oIlhe aggrioe'o'l!d pal\):

(d) Any local agency certirled a5subslantially equn'alent by the secretary 01 housing and urban de>'doprnent pursuant IOSection

810 of lhe 1e<\e,..1 Fair Housing Ame1ldmentsAet of 1988 may inslitute a cn'il aclion in any appropriate COlIl1,indudingsuperior

coun.if il is unable to obcain voluntary compliance Wilh the local lair housing law. TIle agency need not Ila,... petitioned lor an

OOminislralr.-e hearing orex/1ausled its adm;nislrat"'C remedies prior to bringing a c"il action. TIle coun may impme fines as

provi<k.'<l in ttle local fair housing law.

(e) (I) lithe adminislrator is unable to obtain ,-oluntary compliance with lhis ankle and has reilSOflable cause 10 belie..'C thaI a

discriminillory housing practice has occum,d:

(A) TIle adminis!mtor may inslitute an adminis!'"dtr.-e procL"l.'<liug under Chapter 13 otTilie 5O:or

(8) TIle person a88rie\"I:(! may Milles! administratr.-e reliel under Chapter 13 of Tille 50 within ZO daY" afler "-'Ccll'l of

service of a chargc lilt,,1 under Code Seclion 8-3-211.

WI"m an admini.~lrativ() hearing is to be institutt>d under subpamgraph (A) or (8) of IhL~ paragraph, the adminislralor shall refer the case 10 the board 01 commissioners to oonduct a hearing in accordance with this article. n,e board of commi.<;sioners shall designale a panel of three 01 its members, one 01 which must be an altornL'}' licensed to pl<lclice law in lhe slate, and Ihat tribunal shall have all the 1>Ol'.'er and authorily gl<lntt.>d to agencies in condUcling hearings and rendering filial orders under Chapter 13 ofTIUe SO,the"Georgia Adminisll<llive Procedure Aet," including, bUI not limiled Io-subpoena power. (2) Not more lhan seven ....'(Irking days aller the case has been referred to the board 01 commissioners, the administrator s1lall se.ve on Ille respondent and the person aggrieved or the aggrieVL>d person's attorney by .egiste...>. d or certilied mail a written nOlice 10gelher with a copy of lhe complaint requirillg the respondelillo answer the charges contained Iherein at a hearing before the boanl of commissioners at a time and place specih<.'(\ in the notice, Such notice must eomain all genel<ll and specific charges against the respondent. (3)The respondent shall scm! an ar1S>'o'er with the board of commissioners by registe"->d o. certified mail not more than 20 working days after receipl of the notice 01 hearing, which 2{1 WOrking days may be extended by tile board of commis.~ioner.; in Ihe board of commissioners' disc rei ion for an addilional time not to exceed ten WOrking days, 'n,e respon dent's answer must show by a certificate of sefVice thai Ihe respondent has servt.>d a copy of the answer on Ihe complainant o.lhe complainant's attorney al Ihe last known address of Ihe complainanl O' Ille complainallt's attorney where Ihe comiliainam is rep.esented by an attorney Upon iea\'e of Ihe board of commissioners, the complainanl may amend the charges contained in Ihe notice 01 hearing. The respondent may amend an a,l$W(" at any time prior to Ihe hea.ing or, upon leaw of Ihe boa.d of commissioners, may amend thereafler. No final order shall be issuL>d unless the respondent has had Ihe opportunity of a h<''aring on the charge'l conlain<.>d in the notice of l""aring ur amendmelll on which Ihe final order is based. 11 the respondent fails to ansv.'er the compiainl,tlle boanl 01 commissioners may enter the respondent's defaull.Unless the default isset aside for go<xI cause !;hown,the hearing may proceed under the
a'''ilable evid.mce. (4) At any time after a nOlice of hearing isserved upon a respondent,discovery shalll>e aUlhoril.ed in thc same manner
and fashion as discO\-'Cry is pe.mitted under Code Se<:tions 9-112G through 9-11-37,Any order contempiat<.'(\ in Code Sections 9-112G through 9-11-37 may be issued by the board of commissioner.;.Judicial enfor<;ement of any such order may be oblained by the complainanl o. respondenl in the same manner as is pnwided for the enfor<;ement of final orders in Code Section 45-19-40. (5) A respondenl wilD has filed an ar1S>'o'er o. whose defauit in all~wering has been sel aside for go<xI cause shown may appear al Ihe hearing, may examine and c~amine witne;.ws and lhe complainant,and may offer L'IIidence. n,e complainanl and,atlhe discretion of lhe board of commissioners, any otller person may intervene, examine and eros>examine wilnesses,and present evidence. (6) Efforts at conference. conciliation. and persuasion s11all not be rece;"\.'(\ in L'IIidence. (7)Testimony laken al Ihe hearing shall be under 0<11h and .~haU be stenographically o. otherwise reconled by a certified court r(>port<'l.,Afte. the hearing, the board 01 commissioners atlhe board of commissioners' discretion may take further evidence or hear arguments upon nOlice 10 ali parties wilh an opportunity to be p.esent. (8) Except as olherwise specifically prrwided for in tllis article, all proceedings of Ihe board of commissioners shall be conducted as provided for wilh .espect to contested cases in Chaple. f3 of Tille 50

8-3-214.

Orders of board of commissioners (a) If the board of commissioners determines lhat the respondenl has not engaged in a discriminatory housing practice,the board of commissioners shall state the boa.d of commissioner.;' findings of fact and conclusions of law and shall issue a final onle. within 30 days after the hearing unless, lor go<xI cause shown,such time is eXlended by the board of commL<;sioners, dismissing lhe oomplaint. (b) If the board 01 commissioners determines Illat tile respondenl has engaged in a discriminalOry housing praclice,lhe board of commissioners shall Slate lhe board of comml...,ioners findings of fact and conclusions of law and shall issue a final order wilhin 30 days after lhe hearing unless,for go<xI cause shown, such lime is extended by lhe board of commissioners,grJnting such relief as may be appropriate, which may include actual compensatory damages suffcred by the aggrieved person and injuncl;"'e or other equitable relief and reasonable allorney's fees and cost.. A prevailing respondent may be award<.>d .t!a s<mable attorney's fees and costs only upon a showing lhat the proceeding is frivolous, unreasonable, or withoul foundalion. Altorney's fees may be awarded against a complainant or an agg.ieved party il such party join<.>d in tht! proceeding On its o.....n as an inte"''ening party (c) No orderol the boanl of commissioners shaH affect any contl<lCI,sale,encumbl<lnce,O' lea.'" consummal<.>d bdore the issuance of such onle. and im'(llving a bona fide purchaser,encumbl<lncer,or tenant wilhout actual notice of the charge filed under this article. In the case of an order wilh respect to a disc.iminatory housing practice that occurred in the course of a business subjecllo licensing or "-'!lulation by a govern menIal agency. the administl<ltor shall, not iater lhan 30 days after the date of the issuance of such order, or, if such order is judicially .eviewed,3D days after such order is in sub,lance affi.med upon revicw,s'lIld copies of Ihe lindings of facl,conciusions of law,and the ordcr to that governmental agency and recom mend to thaI gm'ernmental agency appropriale discipfinary action. In the case of an onle. against a .espondent against whom anolhe. order was i.'iSu<.'(\ wilhin tht! preceding five years under this Code seclion, tile administrator shall send a copy of each such order to Ihe Anorney General. (d) If Ihe board of commissioner.; finds Illat the .espondent has not engaged or is not about to engage in a discriminatory housing practice,as the case may be, the boanl 01 commissioner.; shall enler an onlc. dismissing tht! cha.ge. nle adminlstl<ltor shall make public disclosure 01 each such dismissal.

8-3-2IS.

Appeal from order of board of commissIoners; alloTner's fees and costs (a) Any party 10 a hearing before the boanl of commi.><sioners may appeal any adwrse final o.der of the board of commissioners by filing a petition for re"iew in the superior court in the county in which the alleged unlawful pl<lctice occurred o. in Ihe superior court of the residence of the .espon<lenl within 30 days of the issuance of the final ordcr. 11le board of commission ersshallnot be a named party. 111e administrator muSl be se,,'ed with a copy of Ihe petition for review. Wilhin 30 days after Ihe pelition is se,,'ed on the admini.~tralo.,the adminislralor shail fo"va.d to the court a certified copy of the record of the hearing before the board 01 commissioners, including the uanscript 01 the hearing befo.e the boa.d 01 commissioner.; and all evidence,admini.~trali\'e pleadings, and ordt!rs,or the <'lntire reconl if nO hearing has been held, For go<xI cause shown, the court may require or permil subsequent correclions o. addilions 10 the .eco.d. All appeals lor judiciai .t!vicw shaH be in accordance with Chapter 13 of Tine SO, the"Geo.gia Administl<lti\'e Procedure Act": prO\lided,however,that if any provisions of Chapter 13 oflitle SO conflict wilh any provision of this article, this article controls. (b) Tht! court shall nol sub,lilute its judgmcnl for tllat of tile board of commissioners as to lhe weight of Ihe evidence on 'lueslions of fact. The court may atli.m a final o.de. of Ihe board of commi.><sioners or remand the case for further procC<.'(\ings,

The court may~"efa'or modify lhe final oo:ler if substamial righlSoi the appellanl ha>-e been prejudiced because the administr.M:i\-e findings. inJerences.rondusioRs. or decisions are:
(I) In vioIalion 01 consIilUlioRilJ or SlitlulOfy P"O'i5ions:
(2) In excess 01 the Slitlutory authority 01 the agency; (3) ~Iade upon unlawful procedures:;
(4) Affected byOlher errot' 01 law; (5) Nolsupplfled by 5Ub!ilantial evidence. ....hid> ~I mean lhaIthe record does nor conrain such re!e\-ant eo.idence as <II
reasonable mind might accept as iidequate 10 support said findings. inlerenc:es.rondusioRs.or decision$; or (6) Arbilra~c~orcharacterized by llbu5e of di!;crelion or dearly un..-amtnted exercise 01 discrelion. (c) lI,upon judicial ~;e....' 01 any orderol the board 01 commissioner.;or in a proceeding in ..'hid> a complainant seeksenlon:ement 01 a condlilllion agreemenl.lhe <;(lIJrt rules in la\'OI' of the compJainanl.tl>en the <;(lIJrt may in ilS d~ion render an a ...-ard 01 reas0nable allomey's lees and costs of litigation in the superior court 10 the complainanl. A preo.-ailing respondent may be awamoo <;(lIJrt
costs and reasonable anomey's lees only upon a showing thallhe a<;lion is h+,oIous,unreasonable,or withoutloundation.

8-3-216, HUng order or administrator or board or commiAJonel1l In lRIperior cour1 and Judgmenl thereon Any peroon alfe<:ted by a final order of the adminislrotoror the board 01 commissioners may file in the sullerior <;(lIJrt 01 the counl)' olthe residence 01 the I"CSllOtldent a certified L'{)j7J' 01 a final order 01 the adminislrntor or of the board 01 commissioner.< unappealed lrom Of of a finai order of the board of commi'Sioners affirmL,<;1 upon ai/Ileal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such jUdgment shall have the same efftot:t and all proceedings in relation thell..~o shalltherealter be the same as though Ihe judgment had bl.ocn rendell.."11 in an action duly heard and determilll'{l by the court

8-3-217.

Clvill\ctlon~ by allllrleved persons (a) (I) An aggrie-.-ed peroon may commence a civil action in an app!QPriate superior court nor later than t...,o )~ars after the occurrence or the tennination 01 an alk'ged di!;criminatory housing pr.lctice or the breach of a conciliation a!lfeement
entered imo under this articJe,whicl'le-.'ef occurs last, to obtain appropriate relief with rcspecttosuch di5criminatory housing practice or breach of a conciHalion agreement. (2)The computation 01 such tW01'e.lr period shall not include any time during wtlid> an administrati\'e p~ing under this article was pending with respe<:llo a complaint or charge under this article based upon such di!;crimin3lory housing pr.lctice. This paragraph does not apply 10 actions arising from a breach 01 a concilialion agreemenl (3) An aggrie\'ed peIXlIl may commence a civil action under Ihis subsection wt10eIher or not a complailll has been filed under Code Section 8-3-208 and without regard 10 the statUS 01 any such complaint, but if the administr.M:or has obtUoed a concilialion agreement with the consenl 01 an aggrie\-ed peIXlIl. 00 action may be rtfed under this 5Ubsection by such
aggrieI-ed per.;on with respect to the alleged discrimin3lory housing poaetice ..'hid> Ionns the basis lor such compIainl excepl: lor the PUrpo$fl 01 enlordng the lerms of such condlialion agreetnenI,
(4) An aggrie\-ed pef50fl may nor commence a cr.il action under this subsection wilh respect to an alleged discriminalOl)'
housing practice ..'hid> Ionns the basis 01 a charge issued by the administralQo" if the board of commissioners has c0m-
menced a hearing on the IeOOfd under this article ...ith respect 10 sud! charge. (b) {l)The <;(lIJrt may grant as relie1,as it deems appropriale,any permanent or temporary injunction,\enlporary restraining
order,or other order and may award to the plaintiff reasonable IIltOflle)'S !ees,<;(lIJrt C05IS,actual damages.atld punitl\-e damages nor to exce('d penalties penniued by the IederaJ Fair HousingAmendmentsAd 01 1988.42 us.C.Section 3601. eI seq.,as amended.Puniti\-edamages may bea..-arded under lhis article only ..'hen the C\idence shows thai. the respondent's aclions showed wililul misconducl,malke.frnud, ...-antonne9>.oppres:sion,or thal entire want 01 care ....hich ..wid raise the presumplion 01 conscious indifference to consequences or 10 tile rights of the aggriC\'ed pa~ (2) WIH're it is proo.-ed that the aggrieved pari)' took an acti\-e part ill the initiation,continuation,or pnxufCl1lent 01 ci.il plOCl'Cdings againsl a respondent, the aggrieYed party may be liable lor abusi\-e litigation as provided for in Article 5 of
Chal/ter 7 olTItle 51. (c) Reliclgronted under this Code section shalinOl alfl'<:t any contract,sale,encumbrnnce,or lease consummated belore the grnnt~
ng of such relief and involl'ing a bolla fide purchaser,lessLoc,or tenant without actual notice of a eomplaint filed with tht! admill iSlrJlor or cil'il aclion under lhis Code Sl.'<:tion, (d) UllOn timely application, the AttolUL')' Gellerall1lay inte,,~ne in such civil action il the Anomey General certifies that the case is of genernll/ublic importance, Upon such intervention, the Attorney General may oblain stich relief as would be a\...ilable 10 the
Anome)' Genernl under Code SL'Ction 8-3-218 in a civil action to ....hich such Code S(.'Ction applies.

8-3-2Ig,

Ci ...11 actions by Attorney General (a) Whene-.'(!r lhe Attorney Gcneraillas reasonable cause to belie'o~ that any pel50fl Of group 01 per5OfI5 is engaged in a pattern or pr.lClice of resislaroce to the full enjl7J'mem 01 any 01 tIle righlS granted by this article Of thai any group 01 persons has been denied any 01 the righls 8J'.Inted by this article and such denial rai5es an issue of generol public importance,theAlIomey Gener
al may commellCC a civil action in any appropriale superior court. (b) (I) The Anomey General maycommertee a civil action in any appropriale superior cou" lor appropriale relief ..ilh re.Ipe<:1lO
a discriminalOl)' housillll pDCIice n.'kfred 10 lheAtIOfT1e)' Gener.lI by the adminisualOf under pa.ragr.lph (J) 01 subsection (b) 01 CodeSe<:lioo 211," civil action brouglll under this paragJaPh may be commenced nor later than I~ ~ hom the date a reasonable cause dell.'T1llinalion is issued by the adminislral<X (2) The Attorney Genetal may commence a civil action in any appropriale superior <;(lIJrt lor appropriale relief wilh respect 10 breadl 01 a conciliation ~ t reIetred 10 theAtlomey GeneraJ by the adrnlnistr.llor under subsection (d) 01 Code Section 8-3-209.A civil action brought under Ih;, paragJaph may be commenced nor later than the expiration 0I90~ altl'1lhe reJerral 01 the alleged breach under subsection (d) 01 CodeSectioo 209, {c)TheAtlomey Gener<ll,on behalf 01 the l'dminislralOf orOlher parry at ...'hose IeqlleS a subpoena is issued under Ihis article. may enlon:e sud!5Ubpoena in appropriale proceedings in the superior<;(llJrt lor the <;(lIJtll)' in ..'hich the per.;on 10 whom the sub-
poena was aodd.-f resides. was K'IYed,OI' lraosaClS busine:lo>.
(d) (I) In a civil action brought under subsection (a) or (b) of lhis Code section, the <;(lIJrt:
(A) May award such prcvenli.'(l relief, Including a permanent or temporary iniunclfon,rescraining order,or Olherorder
agaillSlthe peroons responsible lor a \'iolation of this article as is nece!l5Ilry 10 assure the full en;e,ment 01 the rights granted by this article;
(B) May award such other reliel as lhe court deems appropriate, including aclual damages to peroons aggriel'ed:and (C) Ma;,:to vindicate the public intelCSl,assess a civil penalty agaln.'llthe respondent:
(1) In an amount not exceeding $50,000.00 lor a fir.>! violation:or (ti) In an amount not exCCL"I1lng $100,000.00 for any subsequent violation. (2) In a ci... i! action broughl under subsection (a) or (b) of this Code section, the court in it~ discretion may allow lhe prevailIngllolrty reasonable anomey's k~ and COSls: provided, hOY."C\'er, that a respondent may be awarded reasonable anorney's

fees and coun costs only upon a sho"'in~ Iha11he action is Iri,'OIOll<.unrensonable.or withoul loundalion, (e) UpOIi limely applicalion.any person may inlervcne ill a ci"il aClion commenc<.'<1 by Ihe Allom..'Y General under subs<..'Ctiol1
(a) or (b) 01 this Code S(.'Clion wl1ich im'OI,"CS an alleg<.'<.! discriminalory housing pmc1ice willI re;pecl 10 which .'loch person is an a!l!lri<......>O person or a concilialion ag....'Cl11ent to which such l~rson is a parly. n,e COUI1 may granl such appropriale r'l'llicllO any such inter\'enin~ party ;l< is a"lhori7.<.'(IIO be grall1ed to;1 plainliff in a ci"il "clioll under Code &...:tion s.J.~17,
8-3-219. Expcdiling or acllons under Code Seelion 8-3-217 or 8-3-218 Any COUI1 in ",hich a proc<.'(.'(1in~ is inslituled under Code &'Clion 8-3-217 or &3-218 shall a.'<'jig" the ca.", lor hearing nllhe eadi<''''1 pmclicable <late and cause the case 10 be cxp<.>Oit<.'(I.
8-3-220. AdoptIon of provIsions In lo<:al ordinance A political subdi"ision of lhis Slale may adopl verbalim rhe laws agaillSl discriminatory housing praclicl'S cit<.'<.! in Code $cclion 8-3-202.8-3-2();l.g..;~ 2(}.1.8-:~2OS.or8-3-222 of Ihis ar1ide as a local ordinance bul may nOI CXl>lllld or r..'<Iuec the rights grant<.'(1 by this ar1ide.
8-3-221. Coopcrntlun ",-Ith federnl and local agencies The adminislralOr may c00l'erale ",irh i(.'<.!eral and local agencies charg<.'<.! ",ith the adminislralion of f<.'<.!eral and local fair housing laws or ordj nalH~es alld, with the conselll of such a~elleies.uli1izc Ihe services 01 such agencies and Iheir employt,es. In furtherance 01 such cooperali"e efforl<. the administrator may enler into wrillen ag...'.Cments ",ilh such i(.'<.!eral or local agenci('5. All agrccmcnl< and terminal ions Ihereof shall bc published in lhe Official COmllilalion of the Rules and Re~ulationsof Ihe Slate of Georgia.
8-3--222. Coercion. Intlrnldallon, Ihn::aI8, or Interference II stmll be unlawful to coerce, inlirnidale.thr'l'lalcn.or inlerlcr'l'l with any person in the exercise Or enjoyment ol.or On account 01 such person's havil,g exercised or enjOj-'Cd.or on accounl 01 such person's having aided or encouraged any olher person in Ihe exercise or enjoyment of,any ri~hl gral\t<.>O or protected by thi:; ar1ide.
8-3-223. Compliance wllh fcdernllnw Compliance wilh Ihe provisions of Ihe Fair Housing Amendmcnrs ACI 01 1988 (Pub, I. 1(ll)-IJO) shall be d<.'Cm<.'<.! compliance willl the provisions of pardgraph (7) of Code Seclion &3-201 and subl>llrdgraph (a)(7)(B) 01 Code &'Ction &3-202.111 addition.sllould any provision of this article rclatil\~ to Ihe lrcalmen! of persons wirh dis.~bililie-; be in conflicl wilh any provision of Ihe Fair HouslngAmendmenl< ACI 01 1988. then the pro"isions 01 ti,e lallershall prevail.

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