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The Americans With Disabilities Act (the Act)
protects current and former alcoholics as well as former substance abusers from
discrimination in hiring and firing practices. But those protected employees
must be able to perform the essential duties of their position with or without
reasonable accommodation. So, the focus should be on the performance of duties
and not whether the employee is alcoholic. In your case, if you have reasonably
accommodated the employee by providing an opportunity for rehabilitation, you
are free to make an employment decision about that employee based upon
performance following the opportunity for treatment. If the employee is covered
by the Act, you are required to provide the opportunity for treatment. Whether
or not you were responsible for the cost of treatment would depend solely on
the application of your own company policy, if any.
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