---
title: O.C.G.A. § 34-6A-3. Inquiries by employer as to existence of disability; employment decisions based on disability.
collection: code
id: 34-6A-3
cite_as: O.C.G.A. § 34-6A-3 (2025)
canonical_url: https://georgiacommons.org/code/34-6A-3
md_url: https://georgiacommons.org/code/34-6A-3.md
text_url: https://georgiacommons.org/code/34-6A-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t34-(v26)-2017-pdf.pdf?sfvrsn=ba91129b_0#page=73
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: LABOR AND INDUSTRIAL RELATIONS / EQUAL EMPLOYMENT FOR PERSONS WITH DISABILITIES
---

# O.C.G.A. § 34-6A-3. Inquiries by employer as to existence of disability; employment decisions based on disability.

(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) A disability which interferes with a person’s ability to perform assigned job duties adequately; or

(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.

## 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.