Roughly 65% of American adults had a drink in the last year, according to a recent poll. Some go out to the bar for a beer with friends after work, while others enjoy a glass of wine or a tumbler of scotch with their dinner. For most, the drinking ends there. For others, though, even just one drink ignites a vicious cycle of obsession and compulsion that feels impossible to break. If you fall into the latter group, and fear that your drinking is getting out of control, there is a way out. Admitting your drinking problem, though, can feel dangerous — especially if you have to tell your boss. Luckily, there are many legal protections that can help you get sober and keep your job. Can you get fired for drinking? Read on to find out.
Can I Be Fired for Drinking? Understanding the Americans with Disabilities Act (ADA)
In 1990, the federal government passed a civil rights law that prohibits discrimination based on disability. The definition of a disability includes both mental and physical medical conditions. Alcoholism and addiction both fall into this category, since the American Medical Association classified alcoholism as a disease in 1956, and addiction more generally as a disease in 1987.
If you are struggling with alcoholism, the law considers it a disability, and you have protection against employer discrimination, including protection against being fired.
It’s important to recognize that although you cannot be fired solely for being an alcoholic, you must still meet performance and conduct standards at work. If your drinking negatively impacts your job performance, if you arrive at work intoxicated, or if you consume alcohol on the job, the ADA may not be able to help you.
This is why it’s so important to get ahead of your problem, go to your employer, and ask for help. You can’t lose your job over struggling with alcoholism and wanting to pursue addiction treatment. If your drinking affects your work, though, it’s a different story.
Can I Be Fired for Drinking? Don’t Take the ADA for Granted
So, you’ve approached your employer about your issue with alcoholism and asked for help. You’ve expressed a desire to quit drinking and are actively pursuing treatment. These are all good things, and thankfully — under the ADA — you cannot lose your job over them. However, when you make the decision to get help, be prepared to commit to your recovery.
This is important not only for your own health and wellbeing; but also, if you come back to work and continue to drink, you may be in trouble. This also holds true if you express to your employer that you are struggling with substance abuse and then don’t seek addiction treatment. In 2017, a legal precedent was set in which the definition of “an individual with a disability” does not include “an individual who is currently engaging in the illegal use of drugs”.
Actually seeking treatment is the key. Take the time to reflect. Be honest with yourself about your situation. If you want to heal your body, mind, spirit, and family, there are legal protections in place for you. But, if you do not want help and your drinking interferes with your work? Unfortunately, you are on your own.
Can I Be Fired for Drinking? The Family and Medical Leave Act
Much like the ADA, the Family and Medical Leave Act was established to protect an employee’s right to leave work for medical treatment. Included in the term “medical treatment” is the ability to seek addiction treatment. FMLA allows eligible employees up to twelve weeks of unpaid time off to pursue help, while guaranteeing their job upon their return.
There are certain requirements surrounding FMLA, and it is important to check with your company about their FMLA benefits beforehand. The best way to find out about your company’s FMLA options is to contact your HR department or the employee assistance program.
Can I Be Fired for Drinking? Utilize Employee Assistance Programs
We’ve established that you’re protected against discrimination for struggling with alcohol and that FMLA can be used to seek treatment while keeping your job. The next step is finding help. It may be useful to contact your HR department and ask about an EAP.
When you are stuck in a downward spiral of high-functioning alcoholism, it can feel like you are alone and hopeless. This is simply not true. Employers often offer human resource departments and employee assistance programs exactly for this kind of situation. You are not alone.
The role of an employee assistance program is to provide support and guidance during difficult times. They help you find an appropriate treatment program, get you admitted, and even act as your advocate while you are away getting better. EAPs are on your side, so be honest and keep the lines of communication open. They can only help you if you’re willing to help yourself.
Can I Be Fired for Drinking? Equal Employment Opportunity Commission and State Laws
A third layer of protection when seeking treatment for alcoholism is the Equal Employment Opportunity Commission. The EEOC is a federal agency whose job is to enforce civil rights laws against workplace discrimination. This includes discrimination based on sex, gender, race, nationality, age, religion, and — most importantly in this case — disability. If, while working with your employer to get help, you feel discriminated against, the EEOC is there to help you.
Get Help for Drinking in IOP
Overall, our country has multiple levels of checks and balances in place to ensure that those that need help are able to get it without facing negative repercussions. With that said, it is also important to check your state’s disability laws. Certain states may have their own laws in place that offer more protection for an individual at the state level than the ADA does at the federal level.
Ultimately, it is in your employer’s best interest to keep you healthy, happy, and performing at your very best. Struggling with alcoholism is an all-consuming health problem and requires the help and attention of professionals.
If you want help for drinking and are willing to get in front of the problem before it escalates, you have multiple options available: residential addiction treatment, IOP for drinking, and more. Give yourself a chance at recovery, happiness, and healing from the roots and give us a call. You deserve it.
Can a person be fired for being an alcoholic?
Frequently asked questions about alcoholism and employment
The Americans with Disabilities Act (ADA) provides some protections for employees with alcoholism, as it is considered a disability. If you seek treatment before your job is at risk, your employer may be required to make reasonable accommodations, such as allowing time off for rehab. However, this protection may not apply if alcohol use continues to interfere with job performance.
If alcohol use is impacting your job performance—such as frequent absences, poor productivity, or behavioral issues—your employer may have grounds to take disciplinary action, including termination. However, they may also offer support, such as an Employee Assistance Program (EAP), to help you seek treatment before things escalate.
Employers generally cannot fire you solely for drinking outside of work hours unless it affects your job performance or violates a company policy, such as using alcohol in ways that impact safety, behavior, or attendance. Some industries, like those requiring safety-sensitive positions, may have stricter regulations around alcohol use.
An Employee Assistance Program (EAP) can provide confidential support and referrals to addiction treatment services. They can connect you with rehab programs, counselors, or support groups, and help you navigate requesting time off for treatment under the Family and Medical Leave Act (FMLA). Using the EAP allows you to seek help while protecting your job.
