Yes, that is lawful discrimination in GA. Not all discrimination is illegal. There is no GA law governing decisions to discharge or not hire for falsification of an employment application. What ever the employer says is final. No right to sue, no right to appeal, etc. There is usually no room to discuss. While the question may ask only about convictions, In GA, the employer may lawfully discriminate against you for merely being arrested. You should look closely at the question asked, and then be truthful. If it ask if you have ever been convicted of a felony, you may say no, since you "defer prosecution" (But, I do not know what that term really means without asking questions) I have seen valuable employees of 20+ years discharged for minor crimes that were not disclosed on the employment application. While many employees will overlook minor events, they will not overlook dishonest answers on the employment appl. When in doubt, disclose. There is also the possibility that this is showing up as a conviction. That could be a clerical error, or that could be correct, based on your lack of understanding as to what happened in court.
Answered on Aug 27th, 2013 at 11:14 AM