Legal Question in Disability Law in Georgia
Legal Justification for Change of Status from Full Time to Part Time
I have been an Assistant Professor of English at a career college in Atlanta for two years and my employer was aware that I had a muscle disease and sight problems when I was hired. The college reduced me to part time on Monday and stated that my disability was the reason for the change of status. I am fully aware that Georgia is a right to work state and that employers may hire and fire at will. My main concern is that for two years I had performed this job with outstanding evaluations from both students and faculty. I am confused as to how I suddenly became unfit to perform the job duties that I had been performing for two years.
Am I protected under the ADA law or is this just an unfortunate learning experience about life?
1 Answer from Attorneys
Re: Legal Justification for Change of Status from Full Time to Part Time
From your description of past evaluations, it sounds as if you probably can perform the essential functions of your job either with or without reasonable accommodations. If this is true, a covered employer (15 or more employees) would not be allowed under the ADA to take adverse action against you because of the disability. If, in fact, your employer actually told you that your disability (if it is a disability under the law) was the reason for your change to part time, you may very well have a valid claim under the ADA. Since there are a number of factors that could affect any potential claims you might have, you probably should contact an employment law attorney or the EEOC to discuss your situation. Most attorneys will give you at least a preliminary or phone consultation for free, and while the EEOC will not give you legal advice, you must file a claim with that agency (by yourself or through an attorney) within 180 days of the alleged discriminatory act to preserve your claim.
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