GA(LEGAL) - ACCESS TO PROGRAMS, SERVICES, AND ACTIVITIES

Nondiscrimination Generally

  1. Refuse to issue to the person a license, permit, or certificate;
  2. Revoke or suspend the person's license, permit, or certificate;
  3. Refuse to permit the person to use facilities open to the public and owned, operated, or managed by or on behalf of the state or a political subdivision of the state;
  4. Refuse to permit the person to participate in a program owned, operated, or managed by or on behalf of the state or a political subdivision of the state;
  5. Refuse to grant a benefit to the person;
  6. Impose an unreasonable burden on the person; or
  7. Refuse to award a contract to the person.

Religious Freedom

Free Exercise

Sincerely Held Religious Belief

Association with a Religious Organization

Definitions

Adverse Action
  1. Withhold, reduce, exclude, terminate, or otherwise deny any grant, contract, subcontract, cooperative agreement, loan, scholarship, license, registration, accreditation, employment, or other similar status from or to a person;
  2. Withhold, reduce, exclude, terminate, or otherwise deny any benefit provided under a benefit program from or to a person;
  3. Alter in any way the tax treatment of, cause any tax, penalty, or payment assessment against, or deny, delay, or revoke a tax exemption of a person;
  4. Disallow a tax deduction for any charitable contribution made to or by a person;
  5. Deny admission to, equal treatment in, or eligibility for a degree from an educational program or institution to a person; or
  6. Withhold, reduce, exclude, terminate, or otherwise deny access to a property, educational institution, speech forum, or charitable fundraising campaign from or to a person.

Gov't Code 2400.001(1)

Person
  1. An employee of a governmental entity acting within the employee's scope of employment;
  2. A contractor of a governmental entity acting within the scope of the contract; or
  3. An individual or a medical or residential custodial health-care facility while the individual or facility is providing medically necessary services to prevent another individual's death or imminent serious physical injury.

Gov't Code 2400.001(4)

Religious Organization

Exception for Prohibited Contracts or Investments

Discrimination on the Basis of Sex

Discrimination on the Basis of Race, Color, or National Origin

Discrimination on the Basis of Disability—Federal Prohibition

ADA

Section 504

Disability

  1. A physical or mental impairment that substantially limits one or more major life activities of an individual;
  2. A record of having such an impairment; or
  3. Being regarded as having such an impairment.
  1. Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
  2. Compulsive gambling, kleptomania, or pyromania; or
  3. Psychoactive substance use disorders resulting from current illegal use of drugs.

Regarded as Having Such an Impairment

Transitory and Minor

Mitigating Measures

Major Life Activities

  1. Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working; and
  2. The operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within a body system.

Physical or Mental Impairment

  1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or
  2. Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.

Qualified Individual with a Disability

Individual with a Disability

Reasonable Modification

Communications

Auxiliary Aids and Services

  1. Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;
  2. Qualified readers; taped texts; audio recordings; Braille materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods for making visually delivered materials available to individuals who are blind or have low vision;
  3. Acquisition or modification of equipment or devices; and
  4. Other similar services and actions.

Limits of Required Modification

Direct Threat

  1. The nature, duration, and severity of the risk;
  2. The probability that the potential injury will actually occur; and
  3. Whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

Notice

Compliance Coordinator

Complaint Procedures

ADA

Section 504

Discrimination on the Basis of Disability—State Prohibition

Non-Discrimination

  1. Comply with Government Code Chapter 469;
  2. Make reasonable accommodations in policies, practices, and procedures; or
  3. Provide auxiliary aids and services necessary to allow the full use and enjoyment of the public facility.

Regulations

Note: For information regarding access by service or assistance animals and miniature horses to public facilities, see FAA(LEGAL).

Retaliation

Social Security Numbers

Exceptions

  1. Any disclosure that is required by federal statute. The United States Internal Revenue Code provides that the social security number issued to an individual for purposes of federal income tax laws shall be used as the identifying number for taxpayers;
  2. The disclosure of a social security number to any federal, state, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted before such date to verify the identity of an individual; or
  3. Any use for the purposes of establishing the identity of individuals affected by any tax, general public assistance, driver's license, or motor vehicle registration law within a college district's jurisdiction.

Statement of Uses

Right to Express Breast Milk

Handgun License as Proof of Identification

Hill College

GA(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/13/2019