Official Code of Georgia Annotated

Title 34. LABOR AND INDUSTRIAL RELATIONS · Chapter 6A. EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES

34-6A-3. Inquiries by employer as to existence of disability; employment decisions based on disability.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Nothing in this chapter shall be construed to prevent an employer from making any job related inquiry about the existence of the disability of an applicant for employment and about the extent to which that disability has been overcome by treatment, medication, appliances, or other rehabilitation.#
(b)
Nothing in this chapter shall be construed to prohibit the rejection of an applicant for employment on the basis of:#
1. (1)
  A disability which interferes with a person’s ability to perform assigned job duties adequately; or#
2. (2)
  Any communicable disease, either carried by or afflicting the applicant.#
(c)
Nothing in this chapter shall be construed to prevent or otherwise make illegal any employment decision affecting any person where such decision is 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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 66-503, enacted by Ga. L. 1981, p. 1803, § 2; Ga. L. 1995, p. 1302, § 4.

Cross references

Policy of state with regard to employment of the disabled by state or political subdivisions, § 30-1-2. Access to and use of public buildings and facilities by the handicapped, T. 30, C. 3.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t34-(v26)-2017-pdf.pdf, Volume V26, 2017 edition, page 73; merge action: carried; file SHA-256 8ee6134ad6cf.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.