Compilation of Rules and Regulations of the State of Georgia
Department 186 - COMMISSION ON EQUAL OPPORTUNITY
Chapter 186-1 - ADMINISTRATION
Rule 186-1-.02 - Definitions
Current through Rules and Regulations filed through March 20, 2024
The following definitions shall apply generally to all Rules and Regulations of the Commission on Equal Opportunity:
(a) "Commission on Equal Opportunity" means the Commission on Equal Opportunity as created by O.C.G.A. Section 45-19-24.
(b) "Administrator" means the Administrator of the Commission on Equal Opportunity as provided for by O.C.G.A. Section 45-19-24.
(c) "Board" means the Board of Commissioners of the Commission on Equal Opportunity as created by O.C.G.A. Section 45-19-23.
(d) "Discrimination" means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap, or age, or aiding, abetting, inciting, coercing, or compelling of such an act or practice. This term shall not include any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of religion if an employer demonstrates that the employer is unable to accommodate reasonably an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's operation.
(e) "Handicap" means a physical or mental impairment which substantially limits one or more of a person's major life activities, unless an employer demonstrates that the employer is unable to accommodate reasonably to an employee's handicap without undue hardship on the conduct of the employer's operation.
(f) "Public Employer" or "Employer" means any department, board, bureau, commission, authority, or other agency of the state which employs 15 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A person elected to public office in this state is a public employer with respect to persons holding positions or individuals applying for positions which are subject to the State Merit System of Personnel Administration or any personnel merit system of any agency or authority of this state. A person elected to public office in this state is not a public employer with respect to persons holding positions or individuals applying for positions on such officer's personal staff or on the policy-making level or as immediate advisors with respect to the exercise of the constitutional or legal powers of the office held by such officer. The term "Public Employer" shall include the State Merit System of Personnel Administration whether or not such agency is the immediate employer of the party or parties claiming to be aggrieved.
(g) "Public Employment" means employment by any department, board, bureau, commission, authority, or other agency of the State of Georgia.
(h) "Religion" means all aspects of religious observance and practice as well as belief.
O.C.G.A. Sec. 45-19-22.
