Georgia Employment Screening Overview
Georgia is generally employer-friendly for background screening, with no statewide ban-the-box law for private employers, though Atlanta prohibits criminal history discrimination for employers with 10+ employees and requires individualized assessment.
Georgia has no statewide salary history ban (only the City of Atlanta restricts salary history inquiries for city government positions). The state mandates E-Verify for employers with more than 10 employees and permits drug testing under a voluntary certification program. Federal requirements and local ordinances may impose additional obligations.
What's Permitted
- Private employers with more than 10 employees must register for and use E-Verify statewide (O.C.G.A. 36-60-6)
- Pre-employment drug testing generally permitted for most private employers
- Credit checks allowed for employment decisions, subject to federal FCRA procedures
- Private employers may ask about salary history at any stage (no statewide salary history ban exists; only Atlanta city government positions are restricted by local ordinance)
What's Prohibited
- Inquiring about criminal history on initial applications for state public employers (2015 executive order)
- Discriminating based on criminal history without individualized assessment in Atlanta (Ordinance 22-O-1748, applies to private employers with 10+ employees)
- Operating without E-Verify registration for private employers with more than ten employees
- In Atlanta city government hiring only: requesting salary history before extending a compensation offer (local ordinance, not statewide)
Ban the Box Laws
Public Employers OnlyStatus Summary
Georgia lacks a statewide Ban the Box for private employers. A 2015 executive order (https://dcs.georgia.gov/sites/dcs.georgia.gov/file... applies to state hiring. Atlanta’s ordinance (http://atlanta.elaws.us/code/coor_ptii_ch94_artiii... covers private employers (10+), requiring individualized assessment and post-offer checks.
Key Requirements
Governor Nathan Deal Executive Order (2015)
Removes criminal-history question from state hiring:
- Removes conviction question from initial applications
- Applies only to state government employers
- Criminal inquiries after basic qualification determination
- Must notify applicants if GCIC information used
Source: https://dcs.georgia.gov/sites/dcs.georgia.gov/file...
City of Atlanta Ordinance 22-O-1748
Prohibits criminal-history discrimination in Atlanta employment:
- Applies to private employers with ten+ employees
- Prohibits criminal-history discrimination in hiring
- Requires individualized assessment using four factors
- Background checks after conditional offer only
- Written notice and retain documentation three years
Source: http://atlanta.elaws.us/code/coor_ptii_ch94_artv_s...
Georgia First Offender Act (O.C.G.A. §42-8-60)
Sealing and exoneration for eligible first offenders:
- Seals records after successful probation completion
- Exonerates guilt under First Offender Act
- Sealed records generally excluded from background checks
- Exceptions permit disclosure for positions of trust
Source: https://gbi.georgia.gov/services/georgia-criminal-... | https://gbi.georgia.gov/document/document/applican...
Criminal History Record Restrictions (O.C.G.A. §35-3-37)
Limits disclosure of arrests and sealed records:
- Juvenile records withheld from employers
- Prosecutor-approved restrictions seal arrest charges
- Restricted records available only to justice agencies
- No public application process; contact prosecutor post-2013
Source: https://gbi.georgia.gov/services/georgia-criminal-...
Fair Credit Reporting Act (FCRA) & EEOC Guidance (federal)
Federal background-check and anti-discrimination rules:
- Requires standalone disclosure and consent
- Seven-year limit on certain records reporting
- Must follow FCRA adverse-action steps
- EEOC cautions against disparate-impact policies
Source: No FCRA/EEOC URL supplied in provided research.
Ban the Box Best Practices for Georgia Employers
- Know legal coverage—state public versus Atlanta private ordinance
- Remove criminal-history questions from initial applications
- Delay background checks until after qualification or conditional offer
- Conduct individualized assessments considering nature, time, and job
- Follow FCRA adverse-action procedures and provide GCIC notices
Salary History Ban
Local Ordinances OnlyThere are no statewide salary history ban requirements for Georgia employers. Private employers may lawfully inquire about applicants' salary history. The City of Atlanta's local ordinance prohibits city agencies from asking about salary history on applications, in interviews, or during employment screenings. This ordinance applies only to city government hiring.
Important Distinction
Georgia is often mistakenly listed as having a statewide salary history ban. HB 345 (the Georgia Pay Equity Act) was introduced in 2017 but died in committee and was never signed into law. No subsequent statewide legislation has been enacted. The only salary history restriction in Georgia is Atlanta's local ordinance, which applies exclusively to city agency positions — not to private employers or other public entities.
Salary History Best Practices for Georgia Employers
- • Focus on compensation expectations rather than prior salary
- • Establish pay ranges based on job value rather than candidate history
- • Train hiring managers on equitable compensation practices
- • Be aware of salary history bans in other jurisdictions that may apply if operating in multiple states
Consumer Credit Checks
NoGeorgia permits employer credit checks; FCRA governs disclosure/consent/adverse-action; O.C.G.A. §50‑5‑83 mandates purchasing‑card credit checks for state employees. See DOAS guidance and GA consumer resources: https://doas.ga.gov/sites/default/files/2024-09/St... https://dol.georgia.gov/protect-your-identity-duri...
Key Requirements
Fair Credit Reporting Act (FCRA)
Primary federal law governing employment credit checks:
- Standalone written disclosure required
- Employer must obtain written consent
- Two-step pre- and final adverse action
- Consumer reporting agency accuracy duties
- Private right of action exists
O.C.G.A. § 50-5-83 (State Purchasing Cards)
Georgia statute requiring checks for cardholders:
- Credit checks mandatory before card issuance
- Applies to new and renewing cards
- Written consent via state vendor portals
- Essential-duty status affects use decisions
- Adverse-action steps required on fails
O.C.G.A. § 10-1-393.14 (Fair Business Practices Act)
State rules for consumer reporting agencies:
- Regulates employment-purpose consumer reports
- Requires accuracy and completeness procedures
- Public-record verification obligations specified
- Does not directly restrict employer use
State Personnel Board Rules (478‑1‑.06)
Procedures for state hiring and screening:
- Additional procedures for state hires
- Standalone notice and consent required
- Provide report copy on adverse findings
- Opportunity to dispute before action
Credit Check Best Practices for Georgia Employers
- Provide standalone written disclosure and obtain written consent.
- Follow FCRA pre-adverse and final adverse-action procedures.
- Document vendor legitimacy; use accredited consumer reporting agencies.
- For state purchasing-card roles follow O.C.G.A. §50-5-83 procedures.
- Avoid blanket credit policies; assess job-relatedness for each role.
Marijuana Protection
Medicinal Marijuana
Georgia’s low-THC medical cannabis program creates no employment accommodation duty. Employers may prohibit on-/off-duty marijuana and enforce zero-tolerance; a confirmed positive marijuana test may support discipline/termination under the Drug-Free Workplace Act (O.C.G.A. §§34-9-410–34-9-421).
Recreational Marijuana
Recreational marijuana is not legal in Georgia; state law provides no employee-use protections. Employers may ban marijuana and test for it under a compliant policy, including through the voluntary Drug-Free Workplace program (O.C.G.A. §§34-9-410–34-9-421).
Drug Testing Regulations
Georgia: private employers may implement voluntary Drug‑Free Workplace programs (7.5% workers’ comp discount); mandatory testing applies to certain public/safety‑sensitive roles (state high‑risk/POST, DOT‑regulated, school bus drivers). Policies require written notice, certified labs, chain‑of‑custody, confidentiality.
Permitted Testing Types
Pre-Employment
Allowed after conditional offer; subject to statutory notice and procedures.
Random Testing
Allowed; mandatory for many public and safety‑sensitive positions.
Reasonable Suspicion
Permitted when supervisors have articulable grounds of impairment.
Post Accident
Permitted and federally required for DOT‑regulated transportation employees.
Workers' Compensation Discount
Georgia offers a 7.5% workers' compensation premium discount for State Board-certified Drug-Free Workplace Programs (voluntary for private employers).
Certification requires compliant written policies, testing procedures, certified lab confirmations, confidentiality, EAP resources, and annual recertification per O.C.G.A. Article 11.
Best Practices
- Maintain written drug-testing policy and provide one-time notice.
- Use NIDA/CAP-approved labs; confirm positives through a Medical Review Officer.
- Ensure strict chain-of-custody and documented collection procedures.
- Keep results confidential; restrict access to need-to-know.
- Comply with federal DOT and Georgia safety-sensitive testing.
Clean Slate Laws
NoGeorgia (O.C.G.A. §35‑3‑37, effective Jan 1, 2021) allows record restrictions (not expungement): misdemeanor petitions after 4 years; automatic non‑referral restrictions (2/4/7 years); restricted CHRI excluded from employment checks; $50 fee cap. https://georgia.gov/file-request-expunge-criminal-... https://gbi.georgia.gov/services/georgia-criminal-...
E-Verify Requirements
Mandatory for Employers of a Certain SizeWho Must Use E-Verify
Private Employers [O.C.G.A. §36‑60‑6 — Georgia Security and Immigration Compliance Act of 2006]
Private employers with more than ten employees (measured Jan 1) must register for and use E‑Verify; ≤10 employees sign exemption affidavit for licenses. https://www.audits2.ga.gov/wp-content/uploads/2024...
Federal Contractors [O.C.G.A. §13‑10‑91 — Georgia Security and Immigration Compliance Act of 2006]
Contractors/subcontractors performing physical services over $2,499.99 on public contracts must register with and use E‑Verify and submit notarized affidavits before bidding/award. https://www.audits2.ga.gov/wp-content/uploads/2024...
Any other relevant groups [O.C.G.A. §50‑36‑1; Personnel Identity Verification Policy SS‑08‑017]
State agencies, public employers, and public‑benefit applicants must verify lawful presence via E‑Verify/SAVE; state personnel screening follows SS‑08‑017. https://www.audits2.ga.gov/wp-content/uploads/2021... https://gta-psg.georgia.gov/psg/personnel-identity...
Background Check Regulations
Federal FCRA rules apply to employment background checks, and Georgia law adds state-specific limits and procedures— including consent/notice requirements and restrictions on use of certain arrest, conviction, and sealed records— so employers must comply with both, following the stricter rule when they conflict.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days