Georgia Employment Termination Laws
- Georgia is an at-will state in terms of private employment.your next position image by Keith Frith from Fotolia.com
Georgia subscribes to the doctrine of at-will employment. Though this doctrine is not a written law, it is a common law, and enforceable by the state. An employer and employee are free to sever the working relationship for any reason at any time. Being discharged from a job under any circumstances can be jarring to an employee, but there are laws that offer protection from termination under certain conditions. - Title VII of The Civil Rights Act of 1964(CRA) offers protection from termination for Georgia employees due to discrimination based on race, sex, religion or national origin. It applies to employers with 15 or more employees who are employed for each working day during at least 20 calendar weeks per year. The Equal Employment Opportunity Commission enforces Title VII and can resolve unlawful terminations that violate this section of the act through avenues such as litigation.
- This amendment to the CRA makes it illegal for Georgia employers to terminate an employee due to pregnancy, childbirth or any medical issues related to either condition. If the employee can’t perform an element of her job due to pregnancy, the employer must treat her as he would a temporarily disabled employee. The employer has the right to request a medical statement from the employee’s medical care provider confirming her inability to perform the duties in question.
- This act makes it illegal for an employer to terminate an employee based on his age. The Age Discrimination in Employment Act of 1967 applies to employers with 20 or more employees and covers workers aged 40 and up.
- The Americans with Disabilities Act was constructed to counteract discrimination, including termination, against otherwise qualified individuals who are disabled. Under federal law, a disability is considered an impairment that significantly impacts an individual's ability to, for example, walk, see or hear. Employers have the right to require medical exams after offering employment to an individual if the exams are confidential and required of all employees.
The Civil Rights Act Of 1964
The Pregnancy Discrimination Act of 1978
The Age Discrimination in Employment Act of 1967
The Americans with Disabilities Act of 1990
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