Georgia Disability Discrimination: Your Rights Under ADA

Quick Answer: Disability discrimination in Georgia is prohibited by the Americans with Disabilities Act (ADA) for employers with 15+ employees. Georgia has no state disability discrimination law for private employers. The ADA requires reasonable accommodations unless they cause undue hardship. File with EEOC within 180 days.

Federal law protects your right to work with a disability.

ADA Basics

Coverage

ADA applies to:

• Employers with 15+ employees
• All employment decisions
• Requires reasonable accommodations
• 180-day EEOC deadline in Georgia

No State Law

Critical gap:

• Georgia has no state ADA equivalent for private employers
• No state agency for disability claims
• Federal ADA is only protection

Who Is Protected

Definition of Disability

ADA covers people with:

• Physical or mental impairment
• That substantially limits major life activity
• Record of impairment
• Regarded as having impairment

Examples of Covered Conditions

Often protected:

• Cancer
• Diabetes
• Epilepsy
• HIV/AIDS
• Depression/anxiety
• PTSD
• Mobility impairments
• Visual/hearing impairments

What's Not Covered

Generally excluded:

• Minor conditions
• Temporary illnesses
• Current illegal drug use

What's Prohibited

Discriminatory Actions

Cannot discriminate in:

• Hiring
• Firing
• Promotions
• Pay
• Job assignments
• Training
• Benefits

Pre-Employment

Cannot ask:

• About disabilities before offer
• Require medical exams before offer
• Ask about medications

After Conditional Offer

Can require:

• Medical exam (if required for all)
• Disclosure of limitations
• Discussion of accommodations

Reasonable Accommodations

Employer Duty

Must provide:

• Modifications to job
• Unless undue hardship
• Interactive process required

Examples of Accommodations

Common accommodations:

• Modified work schedule
• Assistive technology
• Job restructuring
• Leave for treatment
• Accessible workspace
• Work from home

Interactive Process

How it works:

1. Employee requests accommodation
2. Employer engages in dialogue
3. Discuss limitations and needs
4. Identify effective accommodation
5. Implement and adjust

Undue Hardship Defense

Employer may deny if:

• Significant difficulty
• Significant expense
• Fundamentally alters business
• Considered case by case

Filing Complaints

EEOC Required

Process in Georgia:

• File within 180 days
• Atlanta District Office
• Phone: 1-800-669-4000
• Investigation conducted

What to Include

Your charge should cover:

• Nature of disability
• Accommodation requested (if applicable)
• Discriminatory action taken
• Dates and details

Common Scenarios

Scenario 1: Accommodation Denied

Situation: Requested schedule change for dialysis. Employer refused.

Analysis: May be required accommodation. File EEOC if not resolved.

Scenario 2: Fired After Disclosure

Situation: Disclosed depression. Terminated shortly after.

Analysis: Potential discrimination. Document timing and file EEOC.

Scenario 3: No Interactive Process

Situation: Requested accommodation. Employer never responded.

Analysis: Failure to engage violates ADA. File EEOC.

Scenario 4: Small Employer

Situation: 10-employee company. Denied accommodation for disability.

Analysis: ADA doesn't apply. Very limited options in Georgia.

Requesting Accommodations

How to Request

Best practices:

• Put request in writing
• Describe limitation
• Suggest accommodation
• Keep copy

Documentation

May be required:

• Doctor's note
• Description of limitations
• Recommended accommodations

If Denied

Steps to take:

• Ask for written explanation
• Propose alternatives
• Document the refusal
• File EEOC if appropriate

Remedies Available

If Successful

May recover:

• Back pay
• Reinstatement
• Compensatory damages
• Punitive damages
• Reasonable accommodation
• Attorney's fees

Damage Caps

Federal limits apply:

• 15-100 employees: $50,000
• 101-200 employees: $100,000
• 201-500 employees: $200,000
• 500+ employees: $300,000

Small Employer Gap

Under 15 Employees

No ADA coverage:

• Federal law doesn't apply
• Georgia has no state alternative
• Very limited protections

Options

May have claims under:

• Workers' compensation (if work-related)
• FMLA (if 50+ employees)
• Contract claims

Frequently Asked Questions

What is a disability under ADA?

Physical or mental impairment substantially limiting major life activity.

Does Georgia have a state disability law?

No. Federal ADA is the only protection for private employers.

What's a reasonable accommodation?

Modification enabling someone with disability to perform job.

Can employer ask about my disability?

Not before job offer. After offer, limited questions allowed.

What if my employer has fewer than 15 employees?

ADA doesn't apply. Very limited options in Georgia.

Related Topics

• Georgia Workplace Discrimination
• Filing EEOC Complaint in Georgia
• Georgia Employment Law Hub

Take Action

If facing disability discrimination:

1. Document the situation
2. Request accommodation in writing
3. Engage in interactive process
4. File EEOC within 180 days
5. Consult employment attorney

Legal Disclaimer

This article provides general information about disability discrimination laws in Georgia and is not legal advice. For specific advice, consult a licensed Georgia employment attorney.

For official information:

• EEOC: https://www.eeoc.gov | 1-800-669-4000
• ADA Information: https://www.ada.gov