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Employment Law as it applies to LGBT people in Georgia

Can you be fired from your job for being gay?

Can you be denied a job for being a lesbian?

Can you be denied a promotion based on gender identity?

The answer to these questions is yes. These are examples of Employment Discrimination, and Georgia law does not address employment discrimination based on gender identity or sexual orientation. Thus, it is legal in the state of Georgia for employers to fire or to deny employment or promotion to someone based on their sexual orientation or gender identity.

Is there a state law that prohibits employment discrimination based on sexual orientation or gender Identity?

No. No current state law exists.

Is there a federal law that prohibits discrimination based on sexual orientation or gender Identity in the workplace?

No. No federal law prohibits employment discrimination based on sexual orientation or gender identity. Depending on where you live, your state or local government may prohibit sexual orientation employment discrimination. National organizations are working to pass the Employment Nondiscrimination Act (ENDA) , which would prohibit discrimination based on sexual orientation or gender identity in the workplace.

Domestic Partner Benefits

What is a domestic partner?

Domestic partners are two individuals who are in a long-term committed relationship and are responsible for each other's financial and emotional well-being. Employers usually set their own definitions of domestic partner when they decide who is eligible for domestic partner benefits. Such definitions frequently require that the partners have lived together for at least six months, are responsible for each other's financial welfare, are at least 18 years old and are mentally competent to enter into a legal contract.

Domestic partner benefits can include medical and dental insurance, disability and life insurance, pension benefits, family and bereavement leave, education and tuition assistance, credit union membership, relocation and travel expenses, and inclusion of partners in company events.

The Internal Revenue Service has ruled that domestic partners cannot be considered spouses for tax purposes. Thus, employers are obligated to report and withhold taxes on the fair market value of the domestic partner coverage. This is not true for health insurance coverage for legal spouses, which is not taxable income to the employee. The fair market value of the domestic partner coverage is usually the amount the employer contributes to a health plan to cover the domestic partner, over and above the amount contributed for single and/or dependent coverage. Domestic partner benefits may be considered non-taxable only if the domestic partner meets the IRS definition of a "dependent." Internal Revenue Code (IRC) Section 152 defines a dependent as someone who resides in the employee's household and who receives at least half of their support from the employee.

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