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Can a perspective employer discriminate against a recovering alcoholic if the question is asked, "have you been treated for a...

Can a perspective employer discriminate against a recovering alcoholic if the question is asked, "have you been treated for a...

Q: Are alcoholics protected under the disability class?

Yes, individuals with alcoholism may be protected under the disability class as defined by the Americans with Disabilities Act (ADA) if their condition significantly limits their ability to perform major life activities. However, this protection applies primarily to recovering alcoholics, not those currently abusing alcohol.

Q: Which federal act prohibits employment discrimination against recovering alcoholics?

The Americans with Disabilities Act (ADA) is the federal law that prohibits employment discrimination against recovering alcoholics. It protects individuals who have a history of alcoholism from being discriminated against in hiring, firing, and other employment practices, provided they are not currently abusing alcohol.

Q: Is recovering alcoholic a protected class?

Yes, recovering alcoholics can be considered a protected class under the Americans with Disabilities Act (ADA) if their alcoholism substantially limits a major life activity. This means they are entitled to certain protections against discrimination in employment settings.

Q: Why is it illegal for an employer to ask about alcoholism?

It is generally considered illegal for employers to ask about alcoholism because such inquiries can lead to discrimination against individuals with a history of alcohol use disorders. Under the Americans with Disabilities Act (ADA), employers should focus on job-related qualifications rather than personal medical history.

Q: Can you be fired for being a recovering alcoholic?

You cannot be fired solely for being a recovering alcoholic, as this may violate the Americans with Disabilities Act (ADA). However, if your recovery impacts your job performance or behavior negatively, an employer may take action based on those specific performance issues.

Full question:

Can a perspective employer discriminate against a recovering alcoholic if the question is asked, "have you been treated for a drug or alcoholism problem?"

Category: Employment
Date: 04/07/2025
State: Florida

Answer:

People with alcoholism who are substantially limited in a major life activity will have a disability under the ADA. However, even if a person with alcoholism meets the definition of disability, an employer may discipline, discharge, or deny employment to an alcoholic whose current use of alcohol adversely affects job performance or conduct to the extent that s/he is not "qualified"

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Are people in recovery a protected class?

People in recovery from alcoholism may be considered part of a protected class under the Americans with Disabilities Act (ADA) if their condition substantially limits a major life activity. This means they are protected from discrimination in the workplace due to their recovery status, as long as they are not currently engaging in illegal drug use or alcohol abuse that affects their job performance.