Section 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.

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