Georgia has no state laws that prevent private employers from discriminating based on an employee’s race or religion. Georgia has no law preventing landowners from refusing rent or sale to our citizens based on sexual orientation and gender identity. Currently, the only path for someone to resolve an issue of discrimination is to file a costly and time-consuming nondiscrimination federal lawsuit. But passing a comprehensive state law that offers protections for all citizens has proven to be quite tricky. Still, many cities across the state are adopting nondiscrimination ordinances (NDO) to help close some gaps between federal and state laws. 

Over 20 years ago, the City of Atlanta adopted the first nondiscrimination, city-wide, ordinance in the state to help remedy this issue. Recently, there has been an exponential increase in cities across the state adopting nondiscrimination ordinances, or anti-discrimination ordinances, to extend these protections and to prohibit discrimination. These NDOs share standard features by banning discrimination based on race, color, religion, national origin, ancestry, sex, age, disability, marital status, familial status, veteran/military status, sexual orientation, and gender identity in employment, housing, and public accommodations.

There has been pushback from business and religious communities in cities like Columbus, Augusta, and Macon, where NDOs are up for consideration with local leaders. Business owners have expressed concern that this may open the door to an onslaught in claims of discrimination. Some religious leaders, who are in opposition to passing local NDOs, have objected to provisions that would protect LGBTQ residents, saying that homosexuality goes against the tenants of their faith. Those concerns have fueled the sharing of misinformation about what a nondiscrimination ordinance actually is. Others have raise tired claims that NDOs would force “female student-athletes to compete against male athletes and they would allow pedophiles to claim that they are part of the transgender community, so they can enter bathrooms to harass women and children.”

For the small business community, these NDOs can be seen as a cost-saving measure. In the case of someone filing a discrimination complaint, an NDO can give a pathway to small businesses that may not be positioned to afford lawyer fees, and the thousands of dollars it cost to resolve a federal suit. It gives them a chance to clear their name and to be heard. It does it in an inexpensive, effective, and efficient way. If there is a verified case of discrimination, an ordinance would serve as a vehicle for resolving conflict more quickly, and it also provides privacy through the mediation process.

There are financial benefits for communities that adopt these ordinances — cities like Atlanta and Savannah secured bids from conventions and sporting events. Businesses and organizations want to see that a community has protections for all of its residents. Companies are in a competitive environment for employees, and the lack of civil rights protections in Georgia is a major disadvantage in recruitment and retention. Nondiscrimination ordinances are an asset to business and help in reaching their bottom lines.

Until Georgia adopts a statewide comprehensive civil rights laws, these ordinances bridge the gaps in state and federal laws, and build a foundation of civil rights in Georgia. Local nondiscrimination ordinances across the state allow us to understand how important and effective such measures can be at the state level. Everyone deserves to feel protected. Communities are diverse, and it’s essential to have community involvement in passing a nondiscrimination ordinance. We can only build our state to be a more inclusive and safe place, if we do not choose to compromise in protecting all of its citizens. 

 

DeMarcus Beckham, Southern Field Organizer

He, Him, His

Georgia Equality | Equality Foundation of Georgia