Legal Question in Disability Law in Georgia

Re: Responsibility of Employers to Aids Victim and Other Employees

If the employee was fired for performance issues prior to the employer's knowledge of any health condition, there should be no reason to change the decision under the ADA (Americans with Disabilities Act). However, there may be claims by the employee that the employer already knew of the disability prior to termination, so the employer should make sure that the termination, and the reasons therefor, are well documented. Informing other employees is another matter that cannot be answered without additional information. Generally speaking, it is not permissible to inform employees about another employee's or ex-employee's medical condition absent certain very limiting conditions. Does the company have a blood borne pathogens policy? If so, that should help to ensure that the other employees have not been exposed.

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