Dealing with Alcohol Related Problems

Employers may have rules prohibiting the possession or use of alcohol at work, or being under the influence of alcohol during work hours, and generally may discipline or discharge any employee violating its rule. However, where the employee is sober at work, but alcoholism effects job performance many employers consider a more lenient, treatment oriented approach. Such an approach also provides greater legal protection should the employee later claim he was fired in violation of the ADA or FMLA.

Under the ADA, alcoholism is a covered disability if the alcoholism substantially limits the employee in one or more major life activities. Muddying the waters though is the statute’s express provision permitting an employer to hold an alcoholic to the same standards as other employees, even if any unsatisfactory performance is alcoholism related. Thus, while an individual’s alcoholism may bring him within the ADA’s protection, that protection does not shield him from the consequences of his conduct, even when alcohol related.

Harmonizing these concepts suggests that where the employee shows signs of diminished performance related to his condition, employers should consider providing a reasonable accommodation to assist the employee with his addiction. A number of courts have suggested that accommodations should include therapy on either an out or in-patient basis, or when necessary, both. This may also require the employee to be placed on a leave of absence if such leaves are granted for employees suffering other forms of disability. Such leaves may also be separately required under the FMLA. Employers who provide an opportunity for rehabilitation stand on firmer ground should the employee relapse and be discharged for a subsequent performance problem.