The Georgia Equal Employment for Persons with Disabilities Code prohibits public and private employers with 15 or more employees, and labor organizations of any size, from discriminating against employees or prospective employees on the basis of disability (GA Stat. Sec. 34-6A-1 et seq.). "Disability" is defined as any physical or mental impairment that substantially limits a major life activity, specifically excluding drug or alcohol addiction. The definition also includes a record of such an impairment.
A "major life activity" is defined as a function such as caring for oneself, walking, seeing, hearing, speaking, breathing, learning, working, and performing manual tasks.
Americans with Disabilities Act (ADA) compared. The ADA covers public employers and private employers with 15 or more employees. Like the ADA, the Georgia Code prohibits employers from basing a decision regarding recruitment, hiring, discharge, promotion, advancement, or the other terms and conditions of employment on the knowledge or perception that a person who is otherwise qualified to perform the job has a disability. The Code also prohibits employers from limiting, classifying, or segregating individuals with disabilities in any way that tends to deprive them of employment opportunities or affects employment status, unless there is a bona fide occupational qualification (BFOQ) that requires the classification or limitation.
In addition, the Code expressly prohibits employers from retaliating against any person for opposing unlawful discrimination; filing a charge; or testifying, assisting, or participating in an investigation, action, or proceeding under the law.