Williamson v. Dept. of Human Resources

In Williamson v. Dept. of Human Resources, 258 Ga. App. 113 (572 SE2d 678) (2002), a disabled worker sued the Department of Human Resources and Georgia Regional Hospital, claiming violations of the federal Americans with Disabilities Act and Rehabilitation Act. A specific statute, the Georgia Fair Employment Practices Act (FEPA), created a right of action against the state, as an employer, for discrimination on the basis, inter alia, of an employee's disability. Because an action under FEPA could result in a judgment for back pay and other actual damages, the Court found that the state, by legislative act, specifically waived its sovereign immunity for actions authorized by FEPA. Williamson, supra at 116.