Is Alcoholism a Disability Under the ADA?

Not always, says an 11th Circuit Court of Appeals.

An Eleventh Circuit panel on Wednesday reaffirmed summary judgment for a Georgia-based trucking company, in a suit filed by a former employee diagnosed with alcoholism who alleged the company violated the Americans with Disabilities Act and the Family and Medical Leave Act when it fired him in 2010.

The panel's opinion said it affirmed the lower court's decision because it believes it was correctly determined that Jarvela's diagnosis of alcoholism, issued by his personal physician a month before he was terminated, preempted his claims of being a qualified candidate for the job under the ADA and was in direct violation of company policy which prohibits it from employing anyone who has had a diagnosis of alcoholism within the past five years.

“Jarvela’s inability to meet a criterion of the 'physical qualification standards' regulation — in particular, the requirement that he have 'no current clinical diagnosis of alcoholism' — precluded him from 'performing' an essential function of his job as a motor vehicle driver,” the opinion said.  - Sakari Jarvela v. Crete Carrier Corp., case number 13-11601, in the U.S. Court of Appeals for the Eleventh Circuit

PRACTICE TIP:  Whether an applicant or employee is disabled under the ADA is determined on a case-by-case.  It is always good practice to engage in the interactive process and determine what, if any accommodation, can be provided by the employer.