Legal Question in Employment Law in Georgia
Usage of age for placement in the workplace
In my work place, physicial labor is part of the job. As a requirement for hiring, you agree to these terms. Once a person is then hired, can a manager or director of the company place an ''over 60'' individual hired, under these terms, in a job area that is less labor intensive based soley on the fact that ''if they worked in the job that is labor intensive, they might injure themselves''. Education, training and company seniority are not observed to make this job placement possible.
1 Answer from Attorneys
Re: Usage of age for placement in the workplace
An employer generally has a legimitate interest in protecting employees and business, and has discretion to assign job duties based upon the physical requirements. If an employer did not have this discretion, the alternative may very well be termination of employees who are less physically able to do the job.