Can you be fired if you are an alcoholic?

Employers may hold the alcoholic employee to the performance standards applicable to their job and require that employees may not be under the influence of alcohol in the workplace. You may discipline or terminate the employee if the use of alcohol adversely affects job performance or conduct.

Is alcoholism a protected disability?

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 alcohol make you lose your job?

It isn’t uncommon for individuals suffering from alcoholism to lose their jobs as the condition progresses. … While losing your job because of drinking is a tough experience, there are many tips that can be employed to help you through the process: Get into a recovery program immediately.

Can you discriminate against alcoholics?

Alcoholism can be considered a covered disability under the Americans With Disabilities Act (ADA). An employer may not discriminate against an individual based on a history of alcoholism if that person has been rehabilitated and no longer uses alcohol.

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Is alcoholism considered a disability under the ADA?

Drug users and alcoholics are treated differently under employment disability laws. Under the American with Disabilities Act (ADA), alcoholism is recognized as a disability.

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 …

Do you get extra benefits for being an alcoholic?

You can’t get disability benefits for alcoholism alone, but you may be able to get disability benefits for alcohol-related medical conditions. The Social Security Administration (SSA) cannot find you disabled based solely on your diagnosis of chronic alcoholism.

How does addiction affect your job?

In addition to deaths and accidents, absenteeism and loss of production, other problems that alcohol and drug abuse can cause on the job include: Tardiness/sleeping on the job2 Hangover or withdrawal affecting job performance. Poor decision making.

How many people lost their jobs due to drugs?

According to the Substance Abuse and Mental Health Services Administration, “Among unemployed adults aged 18 or older, 18.2 percent were current illicit drug users, which was higher than the rates of 9.1 percent for those who were employed full time and 13.7 percent for those who were employed part time.” Job loss and …

What to do when you find drugs at work?

Act on the Results. If the drug or alcohol test results are negative, contact the employee and return them to their prior job as soon as possible. If it is positive, you have the option of sending them for counseling or treatment and returning to work.

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Should I tell my boss I’m an alcoholic?

Why Should You Tell Your Employer You’re in Recovery? It’s not always important to disclose your history of addiction to an employer. If you’re strong in recovery and your job doesn’t interfere with your success in any way, you probably don’t need to mention it.

Is alcoholism considered a medical condition?

Alcoholism, as defined by the American Society of Addiction Medicine, is “a primary, chronic disease characterized by impaired control over drinking and preoccupation with the drug alcohol.” The definition also states that alcoholism is often progressive and fatal.

Can you be fired for being a recovering addict?

The Americans with Disabilities Act (ADA) protects individuals in addiction recovery from being discriminated against in the workplace. This means that your employer can’t fire you based on your decision to attend rehab.

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.

What is considered an undue hardship for a reasonable accommodation?

Undue hardship occurs if accommodation would create onerous conditions for an employer or service provider, for example, intolerable financial costs or serious disruption to business. An employer or service provider must make considerable effort to find an appropriate accommodation for an employee.

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