In a recent case, the company was sued after firing an employee with alcohol problems. Did the employer violate the ADA?
Here’s what happened:
The employee left work early one day and began drinking. That night, he was arrested for threatening his wife with a gun.
When he returned to work, the company told him — based on a doctor’s recommendation — that he’d have to enter rehab if he wanted to keep his job. He refused the treatment, so he was fired.
He sued, claiming the employer “regarded him as disabled” and let him go in violation of the ADA.
Who won the case? The company.
As the court ruled, the ADA only protects substance abusers who are being treated for their addictions. Also, without medical assistance, the man was clearly a threat to himself and co-workers.
Therefore, requiring treatment as condition of continued employment was a perfectly reasonable step for the company to take.
Cite: Kozisek v. County of Seward, Nebraska
Company asked alcoholic employee to get treatment — then he sued under ADA
1 minute read