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Legally speaking, the startups do have a problem if they discriminate against her for being a recovering alcoholic.
by dpiers 10y ago
Legally speaking, the startups do have a problem if they discriminate against her for being a recovering alcoholic.
- koolba 10y agoIs being a recovering alcoholic a legally protected class?
- dpiers 10y agoYes. An alcoholic is a person with a disability and is protected by the ADA if s/he is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an alcoholic. However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol. (from http://www.ada.gov/employmt.htm http://www.ada.gov/employmt.htm )
- Chris2048 10y agoNot guaranteed: ""in most cases, the court will find, or the employer will concede, that an alcoholic employee has a "disability" within the meaning of the ADA."" http://warshawskylawfirm.com/lawyer/2011/12/12/Employment_Law/Is_Alcoholism_A_Protected_Disability_Under_The_Americans_With_Disabilities_Act_(ADA)__bl3124.htm http://warshawskylawfirm.com/lawyer/2011/12/12/Employment_La...