Publication Date
12-19-2025
Document Type
Comment
Abstract
This Comment situates morality clauses within Georgia’s broader contract and employment law framework, while also drawing lessons from New York and California. Part I traces the history and function of morality clauses, distinguishing between express and implied provisions, as well as reputational and conduct-based triggers. Part II examines how New York and California have approached morality clauses, emphasizing their reliance on public policy to limit enforceability. Part III turns to Georgia, analyzing how morality provisions are interpreted in light of at-will employment, identifying common drafting pitfalls, and offering practical guidance for attorneys. Part IV looks ahead, considering how Georgia law might evolve if it moves toward the public-policy-driven approach seen in other jurisdictions.
Ultimately, this Comment argues that while Georgia’s permissive stance currently favors employers, attorneys should draft morality clauses with precision, clarity, and statutory awareness, not only to minimize present risks, but also to prepare for a legal landscape that may increasingly prioritize fairness, privacy, and public policy.
Recommended Citation
Shehane, Margaret
(2025)
"Saints, Sinners, and Standard Agreements: Rethinking Morality Clauses in Georgia,"
Mercer Law Review: Vol. 77:
No.
1, Article 24.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol77/iss1/24