Page 31 - BusinessWest September 4, 2023

Reasonable Accommodations Under the ADA
Reasonable accommodations for employees who are recovering alcohol- ics or drug addicts can include seeking time off for inpatient treatment; time off to undergo outpatient treatment, including methadone clinics; or being excused from work events that involve alcohol. However, qualified alcoholics and drug addicts do not necessarily need to be granted accommodation every time they ask.
For example, if a drug-addicted employee requests a reasonable accom- modation in response to discipline
for unacceptable performance or con- duct, the employer does not have to grant that accommodation if the low performance is attributable to the cur- rent use of drugs.
However, if the low performance is due to alcohol, and the employee specifically notes this in her accom- modation request, it is the employer’s responsibility to engage in an interac- tive dialogue to determine whether or not the requested accommodation is reasonable. Absent undue hardship, the employee may have to grant the employee’s reasonable-accommoda- tion request, such as a modified work schedule to enter treatment or to
attend an ongoing self-help program. However, another wrinkle presents
itself when the reasonable accommoda- tion is in response to a court order for an alcohol- or drug-related offense. As a recent court case (Mueck v. La Grange Acquisitions, L.P.) notes, employers do not have to grant a requested accom- modation of leave in relation to a court- order DUI for a recovering alcoholic.
Further, the employer can offer
the employee a “firm choice” or “last- chance agreement,” in which the employee can be terminated for future poor performance or misconduct resulting from drug or alcohol addic- tion. The agreement will normally state
that the employee’s continued employ- ment is conditioned on the employee’s agreement to receive substance-abuse treatment and refrain from further use of alcohol or drugs.
Conclusion
When an employer is determining whether an accommodation for dis- abled employees is reasonable, it is a difficult task in and of itself. When the question becomes whether the employ- ee is actually disabled due to current or past alcohol or illegal drug use, the question for the employer becomes even harder. If an employee is seeking a questionable accommodation request
for alcoholism or drug addiction, it is prudent to seek out representation from employment counsel. BW
Trevor Brice is an attorney who specializes in labor and employment law matters at the Royal Law Firm LLP, a woman-owned, women- managed corporate law firm that
is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council.
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