Legal Question in Disability Law in Georgia

Re: diabetes

Simply being fired after being diagnosed with diabetes is not unlawful. However, if you can show that your termination was BECAUSE OF your diabetes, then you may have a claim. First, under the Americans with Disabilities Act (ADA), you would have to show that your diabetes was considered a "disability". Here is a useful link from the EEOC:

http://www.eeoc.gov/facts/diabetes.html.

Then, if it is a "disability," you would have to show that your employer was aware of your diabetes and it either (a) terminated you because of it, or (b) failed to provide a reasonable accommodation to you after you requested one.

Additionally, if you qualified for leave under the Family and Medical Leave Act (FMLA) and were terminated after having requested or taken such leave, you may have a claim for violation of the FMLA.

This response is for informational purposes only and does not create an attorney-client relationship.