Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

JD SUPRA (3/30) – It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1 That said, courts have consistently held that employers can have legitimate work rules that prohibit alcohol use in the workforce. However, the line between having a protected disability and engaging in unprotected misconduct while working can easily become blurred, and employers across all industries likely have struggled over this issue. The distinction is important because protected alcoholics may be entitled to reasonable accommodations under the ADA and state laws. Read more

Leave a Reply

Your email address will not be published. Required fields are marked *