QUESTION #7 

How should I deal with an employee whose drinking is affecting job performance if he/she is protected by the Americans with Disabilities Act? Do I have the responsibility to provide rehabilitation?

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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