US law protects an alcoholic against discrimination in the workplace and the hiring process, but only if he is restored or treated. Legal rights and protections are currently not used abusively by alcohol.
Employment rights act for the alcoholics
Although alcohol is a disease, it is not a disability, so under the American Disability Act, the ADA has limited drinking rights. You may check with your lawyer.
Privacy
An employee or job applicant has the right to privacy regarding alcohol treatment conditions.
During the hiring process, an employer may ask a candidate whether he or she is drunk, but may not ask about the addiction or amount of potential employees who regularly consume.
When a company offers a job, it may require a medical examination, which may include testing for substance abuse.
The employer must treat any information related to alcohol as confidential as any other health condition, and no person can refuse to hire a person because of their alcohol consumption.
Medical
Under the Family Medical Leave Act applicable to 50 or more employee companies, an employer must provide 12 weeks of unpaid leave if an employee wants to be treated for alcohol addiction.
In addition, the company must pay for the treatment if it is covered by the firm’s treatment plan.
During the course of treatment, the employer has the right to monitor the employee’s progress, but he cannot be dismissed because he is in rehab.
Reasonable accommodation
The ADA requires employers to take appropriate measures for employees with disabilities, but alcoholism is not in the legal definition of illness.
Depending on the employee, he or she may not perform at least one major life activity such as walking or manual tasks and may request formal accommodations, which may include special equipment or alternative responsibilities to change the time of work for an employee to attend treatment. You can also request it.
If the request is reasonable and does not create an undue burden on the company, the employer must try to comply.
Misconduct
Drinking does not protect an employee from being disciplined for misconduct.
While it is legal for an employer to terminate an employee for the sole purpose of being drunk, a company may expel an individual for unacceptable behavior, such as security measures, company rules violation, or repeated absence, even if the behavior is caused by alcohol.
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