Does my mother have grounds for an age discrimination lawsuit against Walmart in GA?

Question

My 74-year-old mother worked at Walmart for about 12 years. She recently stopped going to work because her boss was being very aggressive, calling her 'stupid,' saying she was too old, and that she would be replaced. She did not report this behavior to HR due to fear. Since leaving, she is experiencing major financial difficulties, relying solely on social security. Does she have grounds for a lawsuit for age discrimination?

James L. Arrasmith · Answer

Based on what you've shared, your mother may have grounds for an age discrimination lawsuit. Her boss's explicit comments about her age, calling her "stupid," and threatening replacement create a potentially strong case under the Age Discrimination in Employment Act, which protects workers over 40. 
 
While not reporting to HR could present a challenge, the law recognizes situations where employees feel too intimidated to follow formal procedures. The concept of "constructive discharge" might apply here - when working conditions become so intolerable that a reasonable person would feel compelled to resign. The financial hardship she's experiencing adds to the impact of this situation. 
 
I would recommend consulting with an employment attorney who handles age discrimination cases in Georgia as soon as possible. Many offer free initial consultations and might work on contingency. Time is important as there are strict deadlines for filing such claims, typically 180-300 days depending on your state. Your mother deserves dignity and fair treatment in the workplace, and the law provides remedies when employers fail to provide that.

Q: Does my mother have grounds for an age discrimination lawsuit against Walmart in GA?