The Georgia Equal Employment for Persons with Disabilities Code (Georgia Code) prohibits employment practices that discriminate on the basis of physical or mental disability, unless the disability restricts the ability of the individual to perform the job or if a bona fide occupational qualification (BFOQ) exception applies. The Code covers public and private employers with 15 or more employees (GA Code Sec. 34-6A-1 et seq.).
The Georgia Fair Employment Practices Act prohibits employment practices that discriminate on the basis of physical or mental impairment that substantially limits one or more of a person's major life activities. The Act covers public employers with 15 or more employees (GA Code Sec. 45-19-20 et seq.).
Americans with Disabilities Act (ADA) compared. The ADA is more restrictive than the Georgia Code. The ADA prohibits employers from discriminating against a qualified individual with a disability and requires employers to provide reasonable accommodation to a qualified applicant or employee with a disability. An individual is not qualified under the ADA if he or she is unable to perform the essential functions of the job in question, as compared to the Georgia Code, which allows an employer to discriminate if a disability restricts an individual's ability to perform the job. The ADA covers state and local governments, and private employers with 15 or more employees. Georgia employers that are subject to state law and the ADA should comply with the stricter demands of the ADA.