Alcoholism and

Ruskanen · December 2001

[font size="1" color="#FF0000"]LAST EDITED ON 12-27-01 AT 04:27PM (CST)[/font][p]"Alcoholism and ADA Certification" One of our employees called me to request information on our programs assisting people with personal problems. He also hinted that alcohol may be part of the problem. I gave him the phone number for our EAP. I know that if he is an alcoholic and in treatment, he is protected under the ADA. How do I confirm that diagnosis? Can I request documentation that proves he is in a treatment program? Does anyone have a form they use to certify that someone qualifies for an accomodation under the ADA?

System · December 2001

Ignorance is bliss.

If you don't know about his medical condition, he can't claim that you discriminated against him because of it. He hasn't asked for an accommodation and obviously wants to keep it private. I wouldn't ask any questions unless you really need to know -- if he asks for time off for treatment, for example.

Lots of people have drinking problems without having the medical condition of alcoholism. Good luck to both of you.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Hatchetman · December 2001

My understanding of the way ADA and the EEOC regulations treat alcoholism is that an "alcoholic" must still establish the medical condition of alcoholism and that it must, for the individual, substantially impair one or more major life activities. Merely having a drinking problem and then seeking rehabilitation doesn't establish that the person is ADA disabled.

I certainly would grant a leave as you would any other individual who needed time off for personal reasons. In the long run you may very well get a better employee. If you can stay away from treating this as an issue under ADA. Don't perceive it as a disability.

kyra · January 2002

Does this employee have a performance problem? If they don't then why do you want some type of documentation? They could have called regarding a coworker or spouse. Unless the employee has displayed performance problems then I wouldn't pursue this further. One of benefits of EAP is confidentiality. You don't want to pry into your EAP, and break employee's trust in the system.

Alcoholism and

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