Alcoholism may be a disability under the Americans with Disabilities Act and state law.
While the opioid crisis has dominated the news cycle, one of the most common forms of addiction has largely gone ignored. Alcoholism affects 17.6 million Americans, with millions more engaging in risky drinking behaviors that could lead to alcohol problems. Most people recognize that alcoholism, like other forms of addiction, is a disease. Yet many are not familiar with what laws may protect them if they suffer from alcoholism and need to take time off of work for medical treatment or to otherwise seek help.
Under the Americans with Disabilities Act (ADA), people who abuse alcohol may be considered disabled if the person is an alcoholic or a recovering alcoholic. According to an experienced employment lawyer, different states also consider alcoholism to be a disease. For example, the California Fair Employment and Housing Act (FEHA) treats alcoholism as a disability. FEHA defines disability to include impairments that limit the ability to work. The ADA has a higher standard, requiring that a disability substantially limit an individual’s ability to work. Importantly, whether or not someone is officially considered disabled under the ADA or a similar state law, it is unlawful for an employer to discriminate against employees based on the belief that he or she is an alcoholic. In other words, even if a person is not actually an alcoholic, if an employer believes that he or she is — and therefore believes that the person has a disability — and discriminates against the person for that reason, it is against the law.
A person who is an alcoholic may be entitled to leave under federal or state law. For example, California’s Family Rights Act allows up to 12 weeks of leave for alcohol-related disabilities. This leave is job-protected, which means that an employer cannot terminate an employee when he or she is on leave for this treatment. An extended leave of absence could be considered a reasonable accommodation under California or federal law. In addition, employers may have to grant employees with alcoholism other accommodations, such as intermittent leave to attend support groups such as Alcoholics Anonymous.
According to a seasoned employment lawyer, California has a specific law that actually requires certain employers to accommodate employees who voluntarily request to enter and participate a drug or alcohol rehabilitation program. For private employers with 25 or more employees, this request can only be denied if it would impose an undue hardship on the business. This is another protection for employees who suffer from alcoholism to get the help that they need, without fear of losing their jobs.
Importantly, employers can prohibit the use of alcohol in the workplace. Although the law recognizes that alcoholism is a disease, it does not require employers to allow employees to perform their jobs in an unsafe manner if they are impaired by alcohol. Consult with an employment lawyer if you believe that you may have been discriminated against based on your alcoholism, or otherwise suffered adverse effects at work.
The attorneys of PLBH understand that alcoholism is a disease, and that the ability to get help is crucial to recovery. If your employer has discriminated against you or denied you leave to seek treatment, contact our firm today at (800) 435-7542 or info@plblaw.com to learn more about how our skilled employment lawyers can help you.