Page 30 - BusinessWest September 4, 2023

Questions of Accommodation
When Are Alcoholism, Drug Addiction Considered Disabilities?
BY TREVOR BRICE, ESQ.
As we move out of the COVID-19 era, employees are struggling more frequently with drug and alcohol addiction. As such, it
is important for employers to know that alcoholism and drug addiction can qualify as disabilities under federal and Massachusetts anti-discrimination laws.
If an employee suffers from alcoholism or drug addiction, the employer could be exposed to liability for discriminating against that employee or failing to grant the employee a reasonable accom- modation for the employee’s alcoholism or drug addiction. However, alcoholism and drug addiction do not qualify as disabilities in all circumstances.
Alcoholism and Drug Addiction as Disabilities
Despite the possibility that alcoholism or drug addiction can qual- ify as legal disabilities, employers do not have to tolerate employees who are drunk or under the influence on the job. As such, employees cannot excuse being under the influence at work by claiming that they suffer from alcoholism or drug addiction.
Furthermore, employees cannot request to be drunk or under the influence at work as a reasonable accommodation for alcoholism or drug addiction. In these circumstances, the employee would not be a ‘qualified’ alcoholic or drug addict that would meet the definition of disability under the ADA. Consequently, the ADA does not cover those who are currently engaging in use of illegal drugs or alcohol.
“When an employer is determin- ing whether an accommodation for disabled employees is rea- sonable, it is a difficult task in and of itself. When the question becomes whether the employee is actually disabled due to cur- rent or past alcohol or illegal
drug use, the question for the employer becomes even harder.”
In addition, an employee who is an alcoholic or drug addict can lose their qualification as a disabled individual due to low perfor- mance, as the ADA specifically provides that an employer can hold a drug-addicted or alcoholic employee to the same standards and behaviors as other employees. However, a high-performing alcoholic or drug-addicted employee can be qualified under the ADA if the employee is no longer engaging in illegal drug use or alcohol.
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30 SEPTEMBER 4, 2023
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