ADA

Protecting Alcoholics, Preventing Alcohol Misuse & Distinguishing Between the Two

Protecting Alcoholics, Preventing Alcohol Misuse & Distinguishing Between the Two

It has been a longstanding pillar in the law under the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”  Despite this statutory protection (if it is deemed one qualifies as such under the ADA), 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 is not always clear