5th Cir.: Time off request for substance abuse program wasn’t ADA accommodation request

Sustainable Development Goals (SDGs) and the Americans with Disabilities Act

Dive Brief:

• La Grange Acquisitions, a natural gas processor, was found not to have violated the Americans with Disabilities Act (ADA) when it terminated an employee with alcoholism who was ordered by a court to attend a substance abuse program that conflicted with his work schedule, according to the 5th U.S. Circuit Court of Appeals in Mueck v. La Grange Acquisitions, L.P.
• After receiving his third DWI, the employee was ordered by the court to attend a three-month outpatient program that included weekly group sessions. He managed to find coworkers to cover some of his missed hours, and the employer sent out an email asking for volunteers to trade hours for the remaining four dates. However, no one responded, and La Grange fired the employee.
• The employee sued, claiming that the employer failed to accommodate his disability. A federal district court ruled in favor of La Grange, and the 5th Circuit, which covers Texas, Louisiana, and Mississippi, affirmed the decision. The court stated that the employee’s brief references to his struggles with drinking and identifying as an alcoholic when informing managers about the court-ordered treatment were insufficient to put La Grange on notice that he needed an ADA accommodation.

Dive Insight:

The Job Accommodation Network, a program of the U.S. Department of Labor, recognizes alcoholism as a disability covered by the ADA. While employers can require employees not to be under the influence of alcohol at work, they may also need to provide accommodations for alcoholism, such as time off for treatment or permission to skip work events where alcohol is served.

The ADA does not require employees to use specific language when requesting an accommodation. In a previous case, the 8th Circuit ruled that Dollar General failed to grant an accommodation to a worker with anxiety, depression, and migraines who texted her supervisor asking for time off but did not use ADA-specific language.

When an employee indicates a connection between a medical condition and work difficulties, the ADA’s interactive process is triggered. Managers should ask how they can assist, document the conversation, and follow the steps outlined by the employer’s HR department.

In the Mueck case, the plaintiff argued that the lower court wrongly imposed a “magic word” requirement on him, a position supported by the U.S. Equal Employment Opportunity Commission. However, the 5th Circuit disagreed, stating that La Grange perceived the request for time off as related to legal consequences rather than a disability. The court concluded that the employee’s notification about the conflict between his court-ordered classes and his work schedule and his attempt to find coverage did not constitute a request for accommodation for his alcoholism disability.

SDGs, Targets, and Indicators Analysis

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 3: Good Health and Well-being
• SDG 8: Decent Work and Economic Growth
• SDG 10: Reduced Inequalities

The article discusses the Americans with Disabilities Act (ADA) and how it relates to an employee with alcoholism. This connects to SDG 3, which aims to ensure good health and well-being for all. It also relates to SDG 8, which focuses on promoting inclusive and sustainable economic growth, full and productive employment, and decent work for all. Additionally, it addresses SDG 10, which aims to reduce inequalities within and among countries.

2. What specific targets under those SDGs can be identified based on the article’s content?

• Target 3.5: Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol.
• Target 8.5: By 2030, achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value.
• Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status.

Based on the article’s content, the specific targets that can be identified are Target 3.5, which focuses on strengthening the prevention and treatment of substance abuse, including alcoholism. Target 8.5 is also relevant, as it aims to achieve full and productive employment and decent work for all, including persons with disabilities. Lastly, Target 10.2 is applicable, as it aims to promote the social and economic inclusion of all individuals, regardless of their disability status.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

Yes, there are indicators mentioned in the article that can be used to measure progress towards the identified targets. These indicators include:

• Attendance and participation rates in substance abuse treatment programs
• Employment rates and opportunities for persons with disabilities
• Accommodation policies and practices in the workplace

The article discusses the court-ordered substance abuse program attended by the employee with alcoholism, which implies an indicator of attendance and participation rates in such programs. The termination of the employee raises questions about employment rates and opportunities for persons with disabilities, serving as an indicator for Target 8.5. Additionally, the article highlights the employer’s accommodation policies and practices, which can be used as an indicator to measure progress towards Target 10.2.

4. Table: SDGs, Targets, and Indicators

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Source: hrdive.com

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