Employment At Will and Laws Against Firing People With Disabilities

Employment At Will and Laws Against Firing People With Disabilities

The Georgia Secretary of State (SOS) provides information to employers on hiring and firing workers. Most employers are already aware that Georgia is an ‘employment at will’ state, meaning that without a legally binding contract, employers have the right to terminate employees at any time, for just about any reason. Exceptions to this rule are when firing an employee violates federal or state laws. According to the SOS, there are three separate rules preventing employers from discriminating against workers with disabilities:

  • The Georgia Equal Employment for People with Disabilities Code;
  • The Rehabilitation Act of 1973; and
  • The Americans with Disabilities Act of 1990.

To qualify, a worker would have to be impaired in some way that interferes with performing major life activities, while still having the skills and experience needed to perform job-related duties. Employers are not obligated to create a new position for a disabled worker, nor are they required to employ a disabled worker if it would result in additional costs or undue hardship for the employer.