Is being an alcoholic a protected class?

An alcoholic is a person with a disability under the ADA and may be entitled to consideration of accommodation, if s/he is qualified to perform the essential functions of a job. … Current illegal drug use is not protected, but recovering addicts are protected under the ADA.

Is alcoholism a protected class?

For example, the California Fair Employment and Housing Act (FEHA) treats alcoholism as a disability. … This leave is job-protected, which means that an employer cannot terminate an employee when he or she is on leave for this treatment.

Can someone be fired for being an alcoholic?

While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws …

Is alcoholism considered a disability under ADA?

Under the American with Disabilities Act (ADA), alcoholism is recognized as a disability. Thus, individuals suffering from alcoholism are entitled to the same protections under the ADA as someone with another qualifying physical or mental disability.

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Is alcohol considered a disability?

Under the ADA and most state laws, the alcoholism itself is a disability as it’s a disease, but drinking or being drunk at work isn’t. There can be rules that employees can’t drink or be intoxicated on the job.

Can you fire someone for being a drug addict?

Under the ADA, an employer can terminate an employee if they are using drugs or alcohol on the job, if substance use impacts performance or productivity or if substance use creates unsafe conditions on the job. It’s a different matter if your employer discovers you’re going to treatment.

Is being a drug addict a disability?

The Equality Act 2010 (Disability) Regulations 2010 (SI 2010/2128) specifically provide that addiction to alcohol, nicotine or any other substance (except where the addiction originally resulted from the administration of medically prescribed drugs) is to be treated as not amounting to an impairment for the purposes of …

Should I tell my boss I have a drinking problem?

In the US, your employer can discipline or fire you if your alcohol or drug use impairs your ability to do your job. However, employers cannot discipline or fire you simply because you tell them you have a substance problem.

What to do when you suspect an employee has a drinking problem?

Ask the employee if they have been drinking alcohol and if so, when and how much. If you believe the employee is unfit to work, send them home and ensure they reach home safely (clearly, they should not drive). Retain evidence of what you’ve observed.

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How do you prove someone is drinking at work?

‘ ” The only way to be certain that a worker is drunk is to have the worker take a blood alcohol test, a breathalyzer or some similar test, Shea said. An employer should not request or require an alcohol test unless there is “reasonable cause,” Shea said.

Is alcohol dependence a mental disorder?

Alcohol addiction, also known as alcohol use disorder (AUD), is a mental health disorder in which the drug induces long-term changes in brain function, according to the American Psychiatric Association (APA).

What is undue hardship examples?

Undue Hardship to the Company

For example, an accommodation request may include a job-sharing situation that requests the hiring of another to share the job. This could be an undue hardship for a sole-proprietor’s small business that produces a small amount of revenue and only has one employee in that position.

Can alcohol permanently damage your brain?

Heavy drinking and binge drinking can result in permanent damage to the brain and nervous system.

What illnesses does alcohol cause?

Over time, excessive alcohol use can lead to the development of chronic diseases and other serious problems including:

  • High blood pressure, heart disease, stroke, liver disease, and digestive problems. …
  • Cancer of the breast, mouth, throat, esophagus, voice box, liver, colon, and rectum.

Is there a gene that causes alcoholism?

The “Alcoholic Gene”

There is not a single gene responsible for alcoholism. There are hundreds of genes in a person’s DNA that may amplify the risk of developing an alcohol use disorder.

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