An interesting but fair question that is often raised by employees is whether or not it is lawful for an employer to terminate someone for alcoholism. This is a very serious issue in and of itself but is even more so when an employer has to consider both the health and wellness of the employee as well as the integrity of the business. The concern is certainly understandable and if the employee works in the type of position that requires physical and mental agility and focus, the concern goes beyond that employee and the business and starts to include the health and safety of the other employees as well.
So can an employer lawfully terminate an employee for alcoholism? After all, it may be that the employee is no longer dependable and cannot be counted on to perform his or her job up to the standards that are expected. When an employer is faced with this kind of situation, they need to know whether or not the employee in question is covered under the Americans with Disabilities Act or ADA. The ADA prevents employees from being discriminated against because of any disabilities they might have so if they are covered, they might be legally entitled to a leave of absence to get treatment for their disease.
According to the ADA, an employee is disabled when he or she has an impairment that “substantially limits” performance of a major life activity. Generally speaking, alcoholism qualifies as a disability that is protected by the ADA. Therefore, an employee who is an alcoholic cannot be terminated legally solely on the basis of having the disease. The employer is likely to be required by law to allow the employee to continue his or her employment on an adjusted work schedule or provide a leave of absence so that they can get treatment.
