Legal Question in Employment Law in Georgia

Re: age discrimination and health issues

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against employees over forty years old based on their age. The ADEA covers employers with at least twenty employees. If your employer fires you, forces you to resign, demotes you, suspends you, etc., and you can show that the decision was based on your age, you may have a claim. However, if the employer shows that you were not qualified to perform the essential functions of the position, or were fired solely for performance-based reasons, it will win.

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against qualified employees with disabilities. However, the ADA narrowly defines what qualfies as a "disability." If you took time off for heart surgery, that may have qualified as a protected leave of absence under the Family and Medical Leave Act (FMLA). If so, the employer cannot take adverse action against you in retaliation for taking the FMLA leave.

I would be happy to discuss your issues with you in greater detail. If you call me at the number listed in my profile below, I will give you a free consultation.

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

Re: age discrimination and health issues

You can get many definitions of age discrimination through a google search. You can get a much better response here by re-writing the post and stating the facts of your situation, rather than open ended "what ifs."

Re: age discrimination and health issues

feel free to look at my televised appearance regarding the ADEA on my web site, www.georgiaunemploymentlawyer.com

It should provide you some basic info.