Federal & State Regulations | Disability discrimination - Georgia

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Summary of differences between federal and state regulations

Employer defined

“Employer” means a person or governmental unit or officer employing 15 or more individuals, or any person acting as an agent of an employer.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act. For example, the state law includes an exemption for a bona fide occupational qualification. Georgia also has laws covering public employers.

A physical or mental impairment includes:

Any physiological disorder or condition or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, or endocrine; or
Mental retardation and specific learning disabilities.

The state law does not prevent an employer from making any job related inquiry about the existence of the disability of an applicant and the extent to which that disability has been overcome by treatment, medication, appliances, or other rehabilitation.

The law does not prohibit the rejection of an applicant on the basis of:

A disability which interferes with a person’s ability to perform assigned job duties adequately; or
Any communicable disease, either carried by or afflicting the applicant.

The law does not prevent or otherwise make illegal any employment decision based upon an employer’s good faith reliance upon a professional opinion rendered by a licensed physician, rehabilitation specialist, psychologist, physical therapist, dentist, or other similar licensed health care professional concerning that person.

Regarding reasonable accommodations, the law does not require an employer to modify his or her physical facilities or grounds in any way, or exercise a higher degree of caution for an individual with disabilities than for any non-disabled person. The law also does not prohibit otherwise lawful employment practices or requirements merely because they affect a greater proportion of individuals with disabilities than individuals without disabilities within the area from which the employer customarily hires his or her employees. The federal ADA provisions still apply to covered employers, however.

Any individual with disabilities who is aggrieved by an unfair employment practice may institute a civil action in any state court having jurisdiction over the defendant. The action must be brought within 180 days after the alleged prohibited conduct occurred.