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Reilly v. Alcan Aluminum Corp.

Neither O.C.G.A. § 51-1-6 nor O.C.G.A. § 51-1-8 create a civil action for age discrimination based on a violation of Georgia's age discrimination law, O.C.G.A. § 34-1-2, or the Age Discrimination in Employment Act.

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The United States Court of Appeals for the Eleventh Circuit has certified the following two questions to this court:1 1 Does OCGA § 51-1-6 or § 51-1-8 give rise to a cognizable claim for breach of a legal duty where the duty allegedly breached is the violation of the Age Discrimination in Employment Act ADEA, 29 U.S.C. § 621, et seq. 2 Does OCGA § 51-1-6 or § 51-1-8 give rise to a cognizable claim for breach of a legal duty where the duty allegedly breached is the violation of OCGA § 34-1-2 For the reasons that follow, we answer both of these questions in the negative.

Appellant Richard Reilly began working for Appellee Alcan Aluminum Ltd. “Alcan” in 1974 in the area of safety management. In 1994, Alcan terminated Reilly’s employment. Reilly subsequently filed a complaint in the Northern District of Georgia, alleging that Alcan violated the Age Discrimination in Employment Act ADEA when it terminated his employment, and that this constituted a breach of a state imposed public duty under § 51-1-6. In this regard, Reilly contended that Alcan used a “grade-age matrix” in making personnel decisions, and that Reilly’s age impermissibly influenced Alcan’s decision to terminate him. Reilly also alleged that Alcan violated Georgia’s age discrimination statute, OCGA § 34-1-2, in terminating him, and that in doing so, Alcan violated public and private duties created by § 51-1-6 and § 51-1-8.

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