Employees with Alcoholism 

Accommodation and Compliance Series
Practical Solutions • Workplace Success 

2 

Preface 

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Authored by Linda Carter Batiste, J.D. Updated 03/22/10.
Practical Solutions • Workplace Success 

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JAN’S ACCOMMODATION AND COMPLIANCE SERIES

Introduction 

JAN’s Accommodation and Compliance Series is designed to help employers determine 

effective accommodations and comply with Title I of the Americans with Disabilities Act 

(ADA). Each publication in the series addresses a specific medical condition and 

provides information about the condition, ADA information, accommodation ideas, and 

resources for additional information. 

The Accommodation and Compliance Series is a starting point in the accommodation 

process and may not address every situation. Accommodations should be made on a 

case by case basis, considering each employee’s individual limitations and 

accommodation needs. Employers are encouraged to contact JAN to discuss specific 

situations in more detail. 

For information on assistive technology and other accommodation ideas, visit JAN's 

Searchable Online Accommodation Resource (SOAR) at http://askjan.org/soar. 

Information about Alcoholism 

How prevalent is alcoholism? 

Currently, nearly 14 million Americans abuse alcohol or are alcoholic. Several million 

more adults engage in risky drinking that could lead to alcohol problems. These patterns 

include binge drinking and heavy drinking on a regular basis (NIH, 2008). 

What is alcoholism?

Alcoholism, also called “alcohol dependence,” is a disease that includes four symptoms: 

craving (a strong need, or compulsion, to drink), loss of control (the inability to limit 

one’s drinking on any given occasion), physical dependence (withdrawal symptoms, 

such as nausea, sweating, shakiness, and anxiety, occur when alcohol use is stopped 

after a period of heavy drinking), and tolerance (the need to drink greater amounts of 

alcohol in order to “get high”) (NIH, 2007). 

Can alcoholism be treated? 

Alcoholism treatment works for many people, but just like any chronic disease, there are 

varying levels of success when it comes to treatment. Alcoholism treatment programs 

use both counseling and medications to help a person stop drinking. Most alcoholics 

need help to recover from their disease. With support and treatment, many people are 

able to stop drinking and rebuild their lives (NIH, 2007). 
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Alcoholism and the Americans with Disabilities Act 

Is alcoholism a disability under the ADA? 

The ADA does not contain a list of medical conditions that constitute disabilities. 

Instead, the ADA has a general definition of disability that each person must meet. A 

person has a disability if he/she has a physical or mental impairment that substantially 

limits one or more major life activities, a record of such an impairment, or is regarded as 

having such an impairment. According to the Equal Employment Opportunity 

Commission (EEOC), alcoholism is an impairment. Therefore, people with alcoholism 

who are substantially limited in a major life activity will have a disability under the ADA. . 

However, even if a person with alcoholism meets the definition of disability, an employer 

may discipline, discharge, or deny employment to an alcoholic whose current use of 

alcohol adversely affects job performance or conduct to the extent that s/he is not 

"qualified" (EEOC, 1992). 

For more information about how to determine whether a person has a disability under 

the ADA, visit http://askjan.org/corner/vol02iss04.htm. 

Does an employer have to allow use of alcohol at work as an accommodation?

No. The ADA specifically provides that an employer may prohibit the use of alcohol in 

the workplace and require that employees not be under the influence of alcohol. The Act 

permits employers to ensure that the workplace is free from the use of alcohol and does 

not interfere with employers' programs to combat the use of alcohol (EEOC, 1992). 

Are tests for alcohol use considered medical tests under ADA? 

Yes. Blood, urine, and breath analyses to check for alcohol use are considered medical 

exams, and therefore are subject to ADA limitations. According to EEOC, an employer's 

ability to make disability-related inquiries or require medical examinations is analyzed in 

three stages: pre-offer, post-offer, and employment. At the first stage (prior to an offer of 

employment), the ADA prohibits all disability-related inquiries and medical 

examinations, even if they are related to the job. At the second stage (after an applicant 

is given a conditional job offer, but before s/he starts work), an employer may make 

disability-related inquiries and conduct medical examinations, regardless of whether 

they are related to the job, as long as it does so for all entering employees in the same 

job category. At the third stage (after employment begins), an employer may make 

disability-related inquiries and require medical examinations only if they are job-related 

and consistent with business necessity (EEOC, 2000). 

May an employer subject an employee, who has been off from work in an alcohol 

rehabilitation program, to periodic alcohol testing when s/he returns to work? 

Yes, according to the EEOC, “but only if the employer has a reasonable belief, based 

on objective evidence, that the employee will pose a direct threat in the absence of 

periodic testing. Such a reasonable belief requires an individualized assessment of the 

employee and his/her position and cannot be based on general assumptions. 
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Employers also may conduct periodic alcohol testing pursuant to "last chance" 

agreements (EEOC, 1992). 

In determining whether to subject an employee to periodic alcohol testing (in the 

absence of a "last chance" agreement), the employer should consider the safety risks 

associated with the position the employee holds, the consequences of the employee's 

inability or impaired ability to perform his/her job functions, and how recently the 

event(s) occurred that cause the employer to believe that the employee will pose a 

direct threat (e.g., how long the individual has been an employee, when s/he completed 

rehabilitation, whether s/he previously has relapsed). Further, the duration and 

frequency of the testing must be designed to address particular safety concerns and 

should not be used to harass, intimidate, or retaliate against the employee because of 

his/her disability. Where the employee repeatedly has tested negative for alcohol, 

continued testing may not be job-related and consistent with business necessity 

because the employer no longer may have a reasonable belief that the employee will 

pose a direct threat (EEOC, 1992). 

Example A: Three months after being hired, a city bus driver informed his supervisor of 

his alcoholism and requested leave to enroll in a rehabilitation program. The driver 

explained that he had not had a drink in more than 10 years until he recently started 

having a couple of beers before bed to deal with the recent separation from his wife. 

After four months of rehabilitation and counseling, the driver was cleared to return to 

work. Given the safety risks associated with the bus driver's position, his short period of 

employment, and recent completion of rehabilitation, the city can show that it would be 

job-related and consistent with business necessity to subject the driver to frequent 

periodic alcohol tests following his return to work (EEOC, 1992). 

Example B: An attorney has been off from work in a residential alcohol treatment 

program for six weeks and has been cleared to return to work. Her supervisor wants to 

perform periodic alcohol tests to determine whether the attorney has resumed drinking. 

Assuming that there is no evidence that the attorney will pose a direct threat, the 

employer cannot show that periodic alcohol testing would be job-related and consistent 

with business necessity” (EEOC, 2000). 
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Accommodating Employees with Alcoholism 

(Note: People with alcoholism may develop some of the limitations discussed below, but 

seldom develop all of them. Also, the degree of limitation will vary among individuals. Be 

aware that not all people with alcoholism will need accommodations to perform their 

jobs and many others may only need a few accommodations. The following is only a 

sample of the possibilities available. Numerous other accommodation solutions may 

exist.) 

Questions to Consider: 

1. What limitations is the employee with alcoholism experiencing? 

2. How do these limitations affect the employee and the employee’s job performance? 

3. What specific job tasks are problematic as a result of these limitations? 

4. What accommodations are available to reduce or eliminate these problems? Are all 

possible resources being used to determine possible accommodations? 

5. Has the employee with alcoholism been consulted regarding possible 

accommodations? 

6. Once accommodations are in place, would it be useful to meet with the employee 

with alcoholism to evaluate the effectiveness of the accommodations and to 

determine whether additional accommodations are needed? 

7. Do supervisory personnel and employees need training regarding alcoholism? 

Accommodation Ideas: 

Attendance Issues: 

• Allow use of paid or unpaid leave for medical treatment 

• Allow use of paid or unpaid leave or flexible scheduling for counseling 

• Provide a self-paced workload or the ability to modify daily schedule 

Maintaining Concentration: 

• Reduce distractions in the workplace 

• Provide space enclosures or a private office 

• Plan for uninterrupted work time 

• Allow for frequent breaks 

• Divide large assignments into smaller tasks and steps 

• Restructure job to include only essential functions 
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Difficulty Staying Organized and Meeting Deadlines: 

• Provide clerical support 

• Make a daily to-do list 

• Use electronic organizers 

• Maintain a current calendar 

• Remind employee of important dates 

• Schedule weekly meeting with supervisor to determine goals and address 

employee’s questions, concerns, and work progress 

• Write clear expectations of employee’s responsibilities and the consequences of 

not meeting them 

• Establish written long term and short term goals 

Difficulty Handling Stress: 

• Provide praise and positive reinforcement 

• Refer to counseling and employee assistance programs 

• Allow for the ability to modify daily schedule 

• Allow for frequent breaks 

• Do not mandate job-related social functions where there would be exposure to 

alcohol 

Maintaining Stamina during the Workday: 

• Allow flexible scheduling 

• Allow for longer or more frequent work breaks 

• Encourage the employee to use company sponsored health programs 

Situations and Solutions: 

An office manager returning to work after in-patient treatment for alcoholism needed to 

attend AA meetings. His employer provided him with a schedule that allowed him to 

perform his job but also attend meetings. 

A lawyer with alcoholism and stress from family problems had difficulty attending social 

events with clients where alcohol was served. His employer excused him from attending 

the events until he was able to deal with his family problems. 

A maintenance worker with alcoholism came to work under the influence of alcohol. 

When confronted by his employer, he disclosed that he had recently relapsed after his 

son was diagnosed with a serious medical condition. His employer decided not to 

terminate him under the circumstances, but required him to sign a last chance 

agreement before allowing him to return to work. 
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Resources 

Job Accommodation Network 

West Virginia University 

PO Box 6080 

Morgantown, WV 26506-6080 

Toll Free: (800)526-7234 

TTY: (877)781-9403 

Fax: (304)293-5407 

jan@askjan.org 

http://askjan.org 

The Job Accommodation Network (JAN) is a free consulting service that provides 

information about job accommodations, the Americans with Disabilities Act (ADA), and 

the employability of people with disabilities. 

Office of Disability Employment Policy 

200 Constitution Avenue, NW, Room S-1303 

Washington, DC 20210 

Toll Free: (866)633-7635 

TTY: (877)889-5627 

Fax: (202)693-7888 

http://www.dol.gov/odep/ 

The Office of Disability Employment Policy (ODEP) is an agency within the U.S. 

Department of Labor. ODEP provides national leadership to increase employment 

opportunities for adults and youth with disabilities while striving to eliminate barriers to 

employment. 

Addiction Resource Guide 

P.O. Box 8612 

Tarrytown, NY 10591 

Direct: (914)725-5151 

Fax: (914)631-8077 

info@addictionresourceguide.com 

http://www.addictionresourceguide.com 

A comprehensive directory of addiction treatment facilities for substance abuse, 

alcoholism, drug and chemical dependencies and other addictions to help professionals 

and consumers find resources for dealing with addictive problems. 

Alcoholics Anonymous World Services, Inc. 

PO Box 459 

New York, 10163 

Direct: (212)870-3400 

http://www.alcoholics-anonymous.org 
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Alcoholics Anonymous is a fellowship of men and women who share their experience, 

strength and hope with each other that they may solve their common problem and help 

others to recover from alcoholism. The only requirement for membership is a desire to 

stop drinking. There are no dues or fees for A.A. membership; they are self-supporting 

through their own contributions. 

American Society of Addiction Medicine 

4601 North Park Ave, Arcade Suite 101 

Chevy Chase, MD 20815 

Direct: (301)656-3920 

Fax: (301)656-3815 

email@asam.org 

http://www.asam.org 

The nation's medical specialty society dedicated to educating physicians and improving 

the treatment of individuals suffering from alcoholism and other addictions. 

National Association on Alcohol, Drugs & Disability 

2165 Bunker Hill Drive 

San Mateo, CA 94402-3801 

Direct: (650)578-8047 

Fax: (650)286-9205 

http://www.naadd.org 

The National Association on Alcohol, Drugs and Disability Inc., (NAADD), promotes and 

creates public awareness of issues related to alcoholism, drug addiction, and substance 

abuse faced by persons with other co-existing disabilities, and provides a peer 

approach to enhance access to services, information, education and prevention through 

the collaborative efforts of interested individuals and organizations nationwide. 

National Center on Addiction and Substance Abuse at Columbia University 

633 Third Ave., 19th Floor 

New York, NY 10017-6706 

Direct: (212)841-5200 

http://www.casacolumbia.org 

CASA's mission is to inform Americans of the economic and social costs of substance 

abuse and its impact on their lives; Assess what works in prevention, treatment, and law 

enforcement; Encourage every individual and institution to take responsibility to combat 

substance abuse and addiction; Provide those on the front lines with the tools they need 

to succeed; Remove the stigma of abuse and replace shame and despair with hope. 
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National Clearinghouse for Alcohol and Drug Information 

Toll Free: (800)729-6686 

TTY: (800)487-4889 

Fax: (301)486-6433 

http://www.ncadi.samhsa.gov/ 

Information clearinghouse about prevention programs and research involving alcohol 

and other drug use. 

National Institute on Alcohol Abuse and Alcoholism 

5635 Fishers Lane, MSC 9304 

Bethesda, MD 20892-9304 

Direct: (301)443-3860 

niaaaweb-r@exchange.nih.gov 

http://www.niaaa.nih.gov 

A federal agency that supports research nationwide on alcohol abuse and alcoholism. 

Research Institute on Addictions 

1021 Main Street 

Buffalo, NY 14203-1016 

Direct: (716)887-2566 

http://www.ria.buffalo.edu 

RIA is a research center of the University at Buffalo, The State University of New York, 

and a national leader in the study of alcohol and substance abuse issues. RIA's 

research programs, most of which have multiple year funding, are supported by federal 

and private foundation grants. 

Substance Abuse and Mental Health Services Administration 

P.O. Box 2345 

Rockville, MD 20847-2345 

Toll Free: (877)726-4727 

TTY: (800)487-4889 

Fax: (240)221-4292 

SHIN@samhsa.hhs.gov 

http://www.samhsa.gov 

Mission is to build resilience and facilitate recovery for people with or at risk for 

substance abuse and mental illness.
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References 

Equal Employment Opportunity Commission. (1992). A technical assistance manual on 

the employment provisions (title I) of the Americans with Disabilities Act. 

Retrieved September 4, 2008, from http://askjan.org/links/ADAtam1.html 

Equal Employment Opportunity Commission. (2000). Enforcement guidance on 

disability-related inquiries and medical examinations of employees under the 

Americans with Disabilities Act. Retrieved September 4, 2008, from 

http://www.eeoc.gov/policy/docs/guidance-inquiries.html 

National Institutes of Health, National Institute on Alcohol Abuse and Alcoholism. 

(2008). Alcohol Alert: Alcohol and Other Drugs. Retrieved September 4, 2008, 

from http://pubs.niaaa.nih.gov/publications/AA76/AA76.htm 

National Institutes of Health, National Institute on Alcohol Abuse and Alcoholism. 

(2007). FAQ for the General Public. Retrieved September 4, 2008, from 

http://www.niaaa.nih.gov/FAQs/General-English/ 
Practical Solutions • Workplace Success 

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This document was developed by the Job Accommodation Network, funded by a 

contract agreement from the U.S. Department of Labor, Office of Disability Employment 

Policy (DOL079RP20426). The opinions expressed herein do not necessarily reflect the 

position or policy of the U.S. Department of Labor. Nor does mention of trade names, 

commercial products, or organizations imply endorsement by the U.S. Department of 

Labor.