Company asked alcoholic employee to get treatment — then he sued under ADA
September 11, 2008 by Sam NarisiPosted in: Americans with Disabilities Act, In this week's e-newsletter, Latest News & Views, Recent Decisions
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
Tags: ADA, alcoholism, Americans with Disabilities Act, substance abuse, treatment
November 12th, 2008 at 3:00 pm
Our tuition reimbursement program will only pay for employment related courses 1 year after the completion of the course. Also, we tier our reimbursement rate depending upon the grade earned. Anything less than a C get nothing. Finally, we feel employees should also be invested in their own education. Therefore, we require that employees pay for books and miscellaneous fees. We reimburse tuition only.