Suing a Georgia Employer with Fewer Than 15 Employees for Sexual Harassment

Discovering that you are not protected by standard federal workplace harassment laws simply because of the size of your company is a devastating realization for many victims. In the United States, the primary law protecting workers from sexual harassment is Title VII of the Civil Rights Act. However, this law requires a company to have 15 or more employees. This leaves a massive gap in legal protection for thousands of workers across Georgia.

If you work for a small local business in Atlanta, a family-owned restaurant in Savannah, or an independent retail shop in Macon, you might feel entirely powerless. Furthermore, the Georgia Fair Employment Practices Act only covers state government employees, offering no relief to private-sector workers. Despite these gaps, victims are not out of options. You can still hold your abuser and your employer accountable through state-level civil torts. If you need help pursuing these alternative legal routes, browse our directory to find a local lawyer who can represent you.

The Gap in Georgia Employment Law for Small Businesses

Under the 42 U.S.C. § 2000e et seq., federal workplace discrimination protections only trigger when an employer has 15 or more employees for at least 20 weeks in the current or preceding calendar year. Many states have enacted their own local laws that lower this threshold to 5 employees, or even 1 employee, to protect workers in small businesses. Georgia has not done this. The state relies almost entirely on federal law for private employment discrimination. This means a direct 'sexual harassment' claim in the traditional federal sense is generally impossible against a micro-employer.

Step-by-Step Process to Sue a Small Employer in Georgia

When you cannot use federal employment law, your attorney will typically pivot to personal injury and tort law. The focus shifts from suing the company for 'workplace discrimination' to suing the specific individuals for the harm they intentionally caused you. Here is how this applies across different small business scenarios.

Step 1: Cases in Small Mom-and-Pop Shops

In ultra-small businesses, the harasser is often the owner themselves. If the owner of a small diner continuously touches you inappropriately, you cannot file an EEOC charge. Instead, you would document every incident meticulously. Your lawyer might file a civil lawsuit for Battery under O.C.G.A. § 51-1-13 directly against the owner in a local venue like the Fulton County State Court, Atlanta or the DeKalb County State Court, Decatur.

Step 2: Harassment in Independent Retail Stores

Small boutiques and retail outlets often employ a handful of young or entry-level workers. If a manager creates a sexually hostile environment through severe verbal abuse and threats, it may cross the line into Intentional Infliction of Emotional Distress (IIED). To win an IIED claim in Georgia, as outlined in precedents like Yarbray v. Southern Bell Tel. & Tel. Co., 261 Ga. 703 (GA Supreme Court 1991), the conduct must be extreme, outrageous, and cause severe psychological harm.

Step 3: Dealing with Local Dental or Medical Practices

Small medical and dental practices frequently operate with fewer than 15 staff members. If a doctor leverages their power to demand sexual favors from a dental assistant, the victim can pursue claims for Assault (if there was an imminent threat of harmful contact) or pursue negligent retention claims against the practice itself if other partners knew about the doctor's predatory behavior but did nothing to protect the staff.

Step 4: Private Family-Owned Businesses

Family-owned businesses can be particularly toxic if the harasser is a relative of the owner. Reporting the behavior internally usually goes nowhere. In these situations, your legal strategy will heavily involve gathering external evidence-such as text messages, emails, or eyewitness testimonies from non-family coworkers-to build a robust civil claim that circumvents the internal family bias.

Common Georgia Tort Claims Used for Sexual Harassment

Since you are bypassing the EEOC, your lawsuit will rely on Georgia's civil code. The most common claims utilized include:

• Battery: Any unlawful, intentional touching. If the harasser groped you, rubbed your shoulders, or cornered you physically, this constitutes civil battery.
• Assault: The intentional act that places you in reasonable fear of immediate physical harm. The harasser does not actually have to touch you; lunging at you or threatening physical sexual violence is enough.
• Intentional Infliction of Emotional Distress (IIED): When the harassment is so vile and pervasive that a reasonable person would consider it outrageous, leading to severe mental trauma (e.g., severe anxiety, PTSD).
• Invasion of Privacy: If a small business owner spies on employees in changing rooms or restrooms, this violates Georgia privacy torts.

How Much Does it Cost in Georgia?

Pursuing a civil lawsuit in Georgia state courts involves different costs compared to administrative EEOC claims.

• Court Filing Fees: Filing a civil complaint in a Georgia Superior or State Court typically costs between $200 and $250, depending on the county.
• Process Server Fees: Having the harasser officially served with lawsuit papers costs roughly $50 to $100.
• Attorney Fees: Most attorneys handling sexual assault or harassment torts work on a contingency fee basis, usually taking 33% to 40% of the settlement or trial verdict. You generally do not pay hourly fees.

How Long Does the State Court Process Take?

Because you do not have to wait 180 days for the EEOC to investigate, you can theoretically file a state tort lawsuit immediately. However, civil litigation in Georgia courts can be lengthy. From the moment the complaint is filed in a court like the Chatham County Superior Court, Savannah, the discovery process (gathering depositions and evidence) takes about 6 to 9 months. Reaching a settlement or going to a jury trial can take anywhere from 1 to 2.5 years, depending on the court's backlog.

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