Is Alcoholism a Disability Under Texas State or Federal Law?

The former head football coach for the University of Southern California, Steve Sarkisian, has filed a state lawsuit in California alleging, among other claims, that he was discriminated against based on his alcoholism.  Not only does he claim that he was terminated because of his alcoholism, but he has also alleged that USC failed to provide him with a reasonable accommodation.  The lawsuit has only recently been filed, but USC has already released a statement characterizing much of it as “patently untrue.”

Is Alcoholism Considered a Disability in Texas?

While this lawsuit was filed under a state law in California, it is an interesting example of what may be considered to be a disability under state law in Texas or federal law, the Americans with Disabilities Act (ADA).  While the ADA does not list every possible disability, the EEOC has determined that alcoholism is a recognized disability under the ADA.  However, an evaluation must be done on a case by case basis to determine whether or not an employee does, in fact, suffer from alcoholism and whether or not the employer was aware of the disability and discriminated against the employee.  Additionally, the ADA protects employees from discrimination when the employer regards the employee as disability.

Alcoholism and the ADA

Under the ADA, “disability” is defined as (a)

• “a physical or mental impairment that substantially limits one or more major life activities”
• “a record of impairment; or 
• “being regarded as having such an impairment.”  42 U.S.C. § 121012. 

Major life activities include, but are not limited to, “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.” 

Once an employee has shown that he/she has a disability under the ADA, the employee must next show that he/she is qualified to perform the essential functions of the position.  This can be a much more difficult burden for someone, like Coach Sarkisian, trying to pursue a claim of discrimination based on alcoholism as a disability.  Essential functions of a job may include regular attendance and being on time to work.  For someone suffering from alcoholism, these may be difficult requirements to meet. 

Finally, an employee pursuing a claim of discrimination based on alcoholism must be able to show that the employer could have provided a reasonable accommodation.  While there is not an exhaustive list of what accommodations are reasonable, one of the most common accommodations for someone suffering from alcoholism is allowing the employee to take paid or unpaid leave for medical treatment or counseling.  Additionally, under the Family and Medical Leave Act (FMLA), an employee suffering from alcoholism may be eligible to take up to 12 weeks of unpaid job protected leave in order to deal with his/her alcoholism.  Figuring out if an accommodation is reasonable and if an employer is even obligated to provide an employee with an accommodation is a very fact specific question and must be done on a case by case basis.    

Protect Your Job

Alcoholism can be a very debilitating disease that affects a person’s family, friends, job, and life in general.  In addition to getting the help one needs to treat the alcoholism, it is important to take the necessary steps to best protect one’s job.  If you believe that you have been discriminated against in the workplace because of your alcoholism, or if your employer is refusing to provide you with what you believe to be a reasonable accommodation, it is imperative that you understand your legal rights.  An employment lawyer in your area can advise you of those rights.