Law: Can you fire employees with a drinking problem?

In early December 2015, former University of Southern California head football coach Steve Sarkisian filed a lawsuit in California state court challenging his recent firing by USC. He claims USC violated state disability-discrimination laws by firing him because of his disability and failing to accommodate his disability, which is alcoholism.

Sarkisian's lawsuit serves as an important reminder for Iowa employers that substance abuse and addiction are protected disabilities. It also shows employers that they need to proceed cautiously, even in situations where it is obvious that the employee has engaged in inappropriate workplace misconduct.

Employers must know when the duty to reasonably accommodate the disability is triggered, and then reasonably accommodate if it can do so without incurring an undue hardship.

According to newspaper reports, Sarkisian appeared intoxicated at a key alumni booster event. After this significant episode of misconduct he agreed to enter into an alcoholic treatment program. He also promised he would not drink for the remainder of the season.

USC has claimed that those promises were not kept, leading to his firing. It is noteworthy that the day before he was fired his assistant coach pulled him out of a game, believing he was drunk on the sidelines, and USC announced that Sarkisian would be taking an indefinite leave of absence to enter treatment.

He then was apparently fired by email while on his way to the alcohol treatment facility.

A jury will weigh these arguments, the evidence and the parties' credibility and decide who is telling the truth.

The take-away? Alcoholism is a disability, but that does not mean that an employer has to put up with an employee's drinking.

An employer can still ban alcohol in the workplace. The Americans with Disabilities Act specifically provides an employer may require an employee who is an alcoholic to meet the same standards of performance and behaviors as other employees.

Further, an employer does not have to tolerate poor job performance or unsatisfactory behavior such as absenteeism, tardiness, insubordination or on-the-job accidents, if similar conduct and performance would not be acceptable for other employees.

However, an employer may want to retain such an employee if they can modify his or her behavior. If the employer can correct the employee's behavior, the law considers granting an employee appropriate leave to go through alcohol rehabilitation a reasonable accommodation.

Although time-consuming and costly, rehabilitation may be in both parties' best interests.

Finally, employers must be aware that, depending on the situation, they may not have a choice and may have to proceed with providing a reasonable accommodation, whether that's treatment, an employee assistance program or something else.

An employee whose poor performance or conduct is attributable to alcoholism may be entitled to a reasonable accommodation. If the employee only mentions the alcoholism, but makes no request for accommodation, the employer may ask if the employee believes an accommodation would prevent further problems with performance or conduct.

If the employee requests an accommodation, the employer should begin an 'interactive process' — basically a discussion — to determine if an accommodation is possible to correct the problem. The employer should seek input from the employee on what accommodations may be needed and also may offer its own requirements.

Another reasonable accommodation may include a modified work schedule to permit the employee to attend an ongoing self-help program. The Family Medical Leave Act may have to be considered as part of this process, as it permits employees leaves when their health care providers certify a need for time off to undergo alcohol treatment.

While an employee's decision to drink is that employee's personal business, when the use or abuse of alcohol interferes with the employee's ability to perform his or her job duties, an employer is wise to intervene within the limits of the law.

• Wilford H. Stone is with Lynch Dallas Attorneys at Law.