Alcohol. Does it debilitate you from doing your job correctly and safely? Could it cause accidents when you get behind a motorized vehicle? Could you lose your job as a result of its use? The answer may shock you.. it is YES! DUH! Now I am being sarcastic (if you didn’t already pick that up) but what gives someone the opportunity to sue for $6 million dollars as a result of popping back the bottle.
A police officer fired for driving drunk in an unmarked police car while off-duty has filed a $6 million lawsuit, alleging his rights were violated under the Americans with Disabilities Act. The 43-year-old Servo was arrested in January 2011 after he crashed an unmarked car into a ditch. The Clackamas County sheriff’s deputy who responded said Servo refused to take breath or field sobriety tests, but did comment that “Servo was probably one of the top 10 most intoxicated people” he had arrested in his almost 15 years of DWI and DUI investigations. - Read more: www.examiner.com
Now ADA does recognize alcoholism as a disability: Q. Are alcoholics covered by the ADA? - http://www.ada.gov
A. Yes. While a current illegal user of drugs is not protected by the ADA if an employer acts on the basis of such use, a person who currently uses alcohol is not automatically denied protection. An alcoholic is a person with a disability and is protected by the ADA if s/he is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an alcoholic. However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol.
Suing for $6 million dollars for losing his job over driving intoxicated and crashing a police car? Should be a no-brainer.