In early October, the University of Southern California fired Steve Sarkisian, its head football coach after an incident where he appeared drunk during a speech at a USC event. Copies of hotel and bar receipts allegedly showing Sarkisian’s alcohol consumption far exceeding the norm spread like a wildfire on the internet.
Yesterday, Sarkisian admitted that he is an alcoholic in a lawsuit that he filed in California Superior Court. He alleged that the university discriminated against him based on his disability (alcoholism), failed to engage with him in an interactive process to accommodate such disability, and retaliated against him for his request to accommodate his alcoholism. While Sarkisian’s claims are based on violations of California state law, the Americans with Disabilities Act (ADA) covers alcoholism as disability as well, so whether you are in California or any other state, here are the basics that you need to know about providing accommodations under the ADA to employees who are alcoholics:
Conclusion: While an employer may strictly (and uniformly) enforce a no-drug/no-alcohol policy in the workplace, when it comes to handling employees who are recovering or recovered alcoholics or drug addicts, employers may be required to allow them certain accommodations as prescribed in the Americans with Disabilities Act.
Leiza Dolghih represents both COMPANIES and EMPLOYEES in employment litigation and arbitration proceedings. If you are facing an actual or a potential employment dispute, contact Ms. Dolghih for a confidential consultation at at Leiza.Dolghih@lewisbrisbois.com or (214) 722-7108.