Alcoholism affects millions of people across the United States, impacting personal relationships, public safety, and workplace environments. The impaired judgment and decreased inhibition associated with alcohol addiction can influence work performance and affect the social dynamics within a workplace. However, do employees struggling with alcoholism have any legal protections against workplace discrimination?
The Americans with Disabilities Act (ADA) defines a disability as a condition substantially limiting one or more major life activities. If alcoholism significantly impairs your daily functions—such as working, self-care, or social interactions—you may qualify for protections under the ADA.
The New Jersey Law Against Discrimination (LAD) provides similar protections but applies to businesses with fewer than 15 employees, whereas the ADA generally only applies to companies with more than 15 employees.
Under both the ADA and LAD, employers cannot discriminate based on a history of alcoholism or if you are currently undergoing rehabilitation. If your job performance or behavior is affected solely by alcoholism-related impairment, you may be entitled to reasonable accommodations. However, neither federal nor state law protects against alcohol-related misconduct. If your drinking endangers workplace safety or leads to poor job performance, your employer can enforce disciplinary action, even if you are in treatment.
What Rights Do You Have as an Employee with Alcoholism?
You are protected from discrimination as long as you adhere to workplace policies and fulfill your job responsibilities. Employers cannot fire, refuse to hire, or deny promotions based solely on a history of alcoholism or current recovery efforts.
You may also be entitled to take leave for treatment or request scheduling adjustments. To activate ADA protections, you must disclose your condition to your employer and formally request accommodations. However, employers are not required to provide accommodations if they would impose an undue hardship on the business.
What Should You Do if Your Employer Discriminates Against You Due to Alcoholism?
If you face unfair treatment due to alcoholism, document every instance of suspected discrimination. Keep records of all relevant communications (such as emails or memos), performance evaluations, and disciplinary actions, noting dates, times, and individuals involved. Store these records securely outside of your workplace.
Consider filing a formal complaint with your company’s Human Resources (HR) department to allow your employer to address the issue. If unresolved, consulting a qualified employment attorney may be necessary. An attorney can review your case, gather evidence, and help escalate the complaint to the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR) if your rights under the ADA or LAD have been violated.
The South Jersey Workplace Discrimination Lawyers at The Law Offices of Leo B. Dubler, III, LLC Protect Workers
If you need protection against workplace discrimination, trust the South Jersey workplace discrimination lawyers at The Law Offices of Leo B. Dubler, III, LLC to provide experienced, dedicated legal service. We will help you navigate the ADA and LAD, advocate for you in the workplace and in court, and ensure you receive fair treatment. Call us at 856-235-7075 or fill out our online contact form for a free consultation. Our offices in Mount Laurel and Atlantic City, New Jersey serve clients in Cherry Hill, Burlington County, Camden County, and throughout South Jersey.