Legal Question in Disability Law in Georgia

Discriminated by employer

My employer has told me that I will not be able to be employed by his company because I have a emotional disorder which requires me to be on medication that does not effect my ability to work. He also explained to me that the reason he hired me was because the man I replaced was on the same medication and he didn't want anyone employed by hum to have emotional problems which required medication. What can I do? I feel I have been discriminated against.

Thank you.


Asked on 11/28/01, 6:40 pm

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Discriminated by employer

Some cases show that if an illness can be controlled by medication (for example, diabetes and insulin), the illness does not constitute a disability.

By that definition, you are not even handicapped.

Therefore, the firing was possibly unlawful. More details are needed.

Go see a local employment lawyer who can advise you as to what the law is in Georgia.

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Answered on 11/28/01, 9:48 pm
Jeff Kent Kent & Merritt, P.A.

Re: Discriminated by employer

I would like to add to what Barbara said. Even though you may or may not be "a person with a disability" under the Americans with Disabilities Act, you may still qualify for coverage under the Act, because your employer may have CONSIDERED you to be disabled, whether or not you actually were under the law. If that is the case, you could have a claim for disability discrimination. ADA cases are usually very fact-specific, and there are a lot of additional questions that would need to be answered to determine whether or not you have a claim. You might want to consider consulting with an attorney about a potential case, or you can file a charge of discrimination with the EEOC (within 180 days of the last discriminating act in most of Georgia).

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied by anything contained herein. Consult with your legal counsel before taking legal action.

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Answered on 11/29/01, 8:15 am


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