Is Alcoholism a Disability under the ADA? The Fired USC Coach

Does the ADA protect employees with substance abuse problems? It depends. Working against ex-coach Sarkisian, the ADA allows employers to hold employees who are alcoholic to the same standards of performance and conduct applied to other employees. So, if it is true that the coach was drunk in public and brought disrepute to the football program because of his condition, he could be fired for the underlying conduct. EEOC Guidelines state: “This means that poor job performance or unsatisfactory behavior – such as absenteeism, tardiness, insubordination, or on-the-job accidents – related to an employee’s alcoholism or illegal use of drugs need not be tolerated if similar performance or conduct would not be acceptable for other employees.” But the Guidelines go on to ask: “What should an employer do if an employee mentions drug addiction or alcoholism, or requests accommodation, for the first time in response to discipline for unacceptable performance or conduct?” The answer: “An employee whose poor performance or conduct is attributable to alcoholism may be entitled to a reasonable accommodation, separate from any disciplinary action the employer chooses to impose and assuming the discipline for the infraction is not termination.” So, there are two questions we cannot answer from this distant vantage: Did the coach’s alleged misconduct issues warrant termination, regardless of alcohol as a contributing factor? And second: Did the coach ask for ask for a reasonable accommodation? “If the employee requests an accommodation, the employer should begin an ‘interactive process’ to determine if an accommodation is needed to correct the problem.” For more, see here. And good luck, Coach. Get well soon, and back to football.