Steve Sarkisian's Lawsuit Against USC Raises Issues Regarding An Employer's Duty To Reasonably Accommodate An Alcoholic Employee

Steve Sarkisian, the former head football coach of the University of Southern California ("USC"), has sued his former employer claiming, among other things, that USC discriminated against him on the basis of his alcohol disability and failed to accommodate his alcohol disability.  See https://documents.latimes.com/sarkisians-complaint-damages/.  Although, Sarkisian's disability discrimination claims were brought under California state law, employers should be aware that the Americans With Disabilities Act also creates potential liability for an employer who terminates or fails to accommodate an alcoholic employee.   Under the ADA, an employer with 15 or more employees discriminates against an individual on the basis of a disability by not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual (the ADA defines a qualified individual with a disability as an individual who can perform the essential functions of the job with or without a reasonable accommodation), unless the employer can show that the accommodation would cause an undue hardship to the employer.  Under the ADA, an employer may may be required to provide leave to an alcoholic employee to permit the alcoholic employee to enter a treatment program.  However, the timing of an employee's request for such leave is important.  The ADA expressly provides that an employer may hold employees to the same qualification standards for employment or job performance and behavior to which it holds others, even if the unsatisfactory performance or behavior is related to the employee's drug use or alcoholism.  The EEOC recognizes that employers are not required to offer a "firm choice" or "last change agreement" to an alcoholic who has performed poorly or engaged in misconduct because of alcoholism.  A leave of absence for alcohol treatment thus is less likely to be required where the request comes in response to a disciplinary action for alcohol-related conduct or when time off for treatment has been granted in the past and was unsuccessful.