Editor's Note
Alcoholism, Addiction, and the ADA
If you have an employee struggling with alcohol or drug addiction who wants treatment, give them time off to get help. Assuming there are no other significant grounds for termination (like harming someone or major property damage), give employees leave to get help whether you are required to or not.
The ADA only protects alcoholics under some circumstances. It does not protect employees addicted to illegal drugs. The FMLA and state versions of family medical leave also probably apply, but that often depends on whether or not the person is addicted to legal or illegal substances and which state you're in.
The reality is that most alcoholics and addicts try to minimize their use during work because they need their jobs to survive. Some people are able to see they need help and request it. Most people need help long before they realize it. Performance declines. Absences rise, especially on Mondays. The easy path is to let people go. And that option can be legal even with alcoholics.
But when an employer offers treatment as an alternative to termination, it's a chance to save someone's life. Even employees who are not ready to face their addiction may take treatment instead of termination. They know something is wrong; they just don't want it to be something wrong with them.
That was my experience. The firm I was working for offered treatment instead of termination for my performance issues. I went to treatment and learned I was an alcoholic. This was not initially acceptable to me because being an alcoholic completely ruined my chances to be perfect. (Addict logic is weird.) Even after treatment, it took me a few years to finally stay sober.
I'm coming up on 30 years sobriety in July. But I know I would not be here at all if that employer had not pushed me toward recovery and laid the foundation for me to get there.
If you're not sure what to do with an employee dealing with addiction, give them a chance to get help.
- Heather Bussing
[co-author: Leah Shepherd]
Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism.
Quick Hits
- Alcoholism may be considered a disability under the ADA.
- Employers may be required to offer reasonable accommodations to workers with alcoholism.
- Employers do not have to permit workers to drink alcohol at work or be impaired during working hours.
The National Institutes of Health defines alcohol use disorder as “a medical condition characterized by an impaired ability to stop or control alcohol use despite adverse social, occupational, or health consequences.” About 29 million Americans age twelve and over had alcohol use disorder in 2023, according to the National Institute on Alcohol Abuse and Alcoholism.
Some workers with alcoholism qualify for protections under the ADA. Workers may qualify for ADA protections if they have a physical or mental impairment that substantially limits a major life activity, such as sleeping, eating, concentrating, learning, or performing manual tasks. Alcohol addiction may implicate several of these activities, such that it is categorically considered a disability in many cases. A worker with alcoholism may have other coexisting conditions that could qualify as a disability under the ADA, such as insomnia, depression, or anxiety.
If a person’s alcohol addiction qualifies as a disability, an employer must provide a reasonable accommodation, unless the accommodation would impose an undue hardship on the employer.
For an employee with alcoholism, reasonable accommodations may include Family and Medical Leave Act (FMLA) leave or sick leave, job restructuring, remote work, modified break schedule, or flexible scheduling to allow time to attend Alcoholics Anonymous meetings, therapy sessions, or even yoga classes.
Employers cannot harass or discriminate against employees because of an ADA-qualified disability. However, employers can prohibit workers from consuming alcohol during work hours or being intoxicated during work hours. They can discipline or fire an employee when alcohol use contributes to poor job performance or unprofessional conduct that is not allowed under company policies.
Employers cannot ask employees questions about an ADA-qualified disability, including alcoholism, unless it is “job-related and consistent with business necessity.” Unlike random drug tests, employers cannot subject employees to random alcohol tests, unless they have reasonable suspicion of alcohol impairment at work. There are exceptions to this rule, particularly for federally regulated safety-sensitive transportation employees, such as truck drivers and pilots.
Next Steps
When an employee is intoxicated at work, there might be signs like slurred speech, stumbling, or breath that smells like alcohol. Employers may want to carefully document the signs they have observed. They can require the employee to take an alcohol test if there is reasonable cause, including the aforementioned signs or a workplace accident.
Employers may wish to ensure that their policies and practices do not treat workers with alcoholism differently than workers without a disability.
