WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) As used in this Code section: (1) 'Artificial intelligenceArtificial intelligence'Artificial intelligence' means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.O.C.G.A. § 1-3-12(a)(1)' means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment. (2) 'Automated decision toolAutomated decision tool'Automated decision tool' means a system or service that uses artificial intelligence and has been specifically developed and marketed, or specifically modified, to make, or to be a controlling factor in making, consequential decisions.O.C.G.A. § 1-3-12(a)(2)' means a system or service that uses artificial intelligenceArtificial intelligence'Artificial intelligence' means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.O.C.G.A. § 1-3-12(a)(1) and has been specifically developed and marketed, or specifically modified, to make, or to be a controlling factor in making, consequential decisions. (3) 'JudicatoryJudicatory'Judicatory' means any court, official, board, tribunal, commission, municipal or county authority, council, or similar body exercising judicial or quasi-judicial powers authorized by law, as well as any arbitrator, administrative law judge, mediator, or similar adjudicator authorized by law to act on behalf or at the request of any public official or body.O.C.G.A. § 1-3-12(a)(3)' means any court, official, board, tribunal, commission, municipal or county authority, council, or similar body exercising judicial or quasi-judicial powers authorized by law, as well as any arbitrator, administrative law judge, mediator, or similar adjudicator authorized by law to act on behalf or at the request of any public official or body.
(b) 1 Anywhere in the Official Code of Georgia Annotated or in any other law of this state where there is created, however constructed, a prohibition on discrimination based on age, race, color, sex, sexual orientation, gender, gender expression, national or ethic origin, religion, creed, familial status, marital status, disability or handicap, or genetic information, such prohibition shall include discrimination resulting from the use of or reliance upon artificial intelligenceArtificial intelligence'Artificial intelligence' means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.O.C.G.A. § 1-3-12(a)(1) or automated decision toolsAutomated decision tool'Automated decision tool' means a system or service that uses artificial intelligence and has been specifically developed and marketed, or specifically modified, to make, or to be a controlling factor in making, consequential decisions.O.C.G.A. § 1-3-12(a)(2).
(c) 2 In any action or proceeding before any judicatoryJudicatory'Judicatory' means any court, official, board, tribunal, commission, municipal or county authority, council, or similar body exercising judicial or quasi-judicial powers authorized by law, as well as any arbitrator, administrative law judge, mediator, or similar adjudicator authorized by law to act on behalf or at the request of any public official or body.O.C.G.A. § 1-3-12(a)(3) stemming from a prohibition on discrimination based on age, race, color, sex, sexual orientation, gender, gender expression, national or ethic origin, religion, creed, familial status, marital status, disability or handicap, or genetic information, reliance upon artificial intelligenceArtificial intelligence'Artificial intelligence' means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.O.C.G.A. § 1-3-12(a)(1) or automated decision toolsAutomated decision tool'Automated decision tool' means a system or service that uses artificial intelligence and has been specifically developed and marketed, or specifically modified, to make, or to be a controlling factor in making, consequential decisions.O.C.G.A. § 1-3-12(a)(2) shall not be a defense to an allegation of discrimination.
This section is the sole operative provision of the bill. It defines three terms — artificial intelligence, automated decision tool, and judicatory — and then imposes two rules of construction that extend the reach of Georgia's existing anti-discrimination framework to AI-mediated conduct.
The first rule declares that every prohibition on discrimination based on enumerated protected characteristics anywhere in Georgia law also prohibits discrimination resulting from the use of or reliance upon AI or automated decision tools. The second rule eliminates reliance on AI or automated decision tools as a defense in any discrimination proceeding before any judicatory. Together, these provisions ensure that existing anti-discrimination liability cannot be avoided by interposing an algorithm between a covered entity and the discriminatory outcome.