Augusta has joined several other Georgia cities that have an ordinance prohibiting discrimination in any public place. These places include businesses, housing, amusement venues and lodgings, such as hotels.
The ordinance does not include a provision for filing against a government agency.
The ordinance would allow the city to impose a fine on any business that is found to have committed discrimination against a person because of race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status or veteran/military status.
It includes exemptions for private clubs, those to which the public does not have access and religious groups. It also allows employers to require a dress code and not hire unqualified individuals.
MORE: Proposed Non-Discrimination Ordinance Breezes Through Augusta Commission Committee
The unanimous vote culminates nearly a year of work by a group made up of commissioners, business leaders and community activists representing minority and LBGTQ+ communities.
Atlanta, Savannah, Dunwoody, Brookhaven, Chamblee, Decatur, Statesboro and Doraville all have similar ordinances in effect. The smaller cities all report no complaint has been filed since their ordinances were adopted.
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District 8 Commission Brandon Garrett said it is better to have the ordinance in place and never need it.
“Early on, there were a lot of issues in how it would be handled, as well as staffing and all that,” he said. “Then, we finally got to a good place where it’s not requiring any additional staff as well as what the ramifications would be for local businesses.”
District 7 Commissioner Sean Frantom said it is time to move the city forward and do the right thing.
“We need to protect everybody. And I just don’t think it’s as big an issue as people think it is,” he said. “I think that we have to protect the employers with 15 and under and that’s what we’re trying to do. I’m glad to be a part of it.”
MORE: Crafting the Non-Discrimination Ordinance for Augusta
District 3 Commissioner Catherine Smith McKnight admits she was initially on the fence.
“I had to study and look at it more,” she explained. “Other cities haven’t had complaints and I don’t think we will either.”
The group began with Savannah’s ordinance as a basic framework, then modified it to better suit the needs in Augusta.
The complaint must be filed with the city’s Compliance Department within 90 calendar days of the alleged discrimination. Complainants must pay a $50.00 filing fee. If they are financially unable to pay the fee, they may sign an affidavit of poverty and request the fee be waived.
The Compliance Department will appoint a hearing officer, an attorney with experience in constitutional law, employment law and housing discrimination, to review the complaint. If the hearing officer finds merit in the complaint it will be referred to a mediator for non-binding mediation. If either party chooses not to participate in the voluntary mediation, or is dissatisfied by the outcome, the hearing officer can schedule a hearing to collect evidence and testimony.
After the investigation and any hearing, the hearing officer can dismiss the complaint as unfounded or can rule a violation has occurred. The fine for the first violation is $500. It increases to $1,000 for each subsequent fine. If either party is unhappy with the decision, they can file an appeal with Magistrate Court.
Dana Lynn McIntyre is a Staff Reporter with The Augusta Press. You can reach her at dana@theaugustapress.com
