Legal Question in Disability Law in Massachusetts
Alcoholism, Recovery, and ADA
Eight months ago I was stopped for a second DUI. I stopped drinking, joined AA, and subsequently, I plead guilty. I then applied for my teaching certification. I did not check the box ''Have You Ever Been Convicted of a Crime'', instead attaching a letter explaining my situation. I later received a letter from the Dept of Ed saying, in part: ''Mass General Laws�requires that all candidates for certification must be 'of sound moral character'. Would you please provide us with the following information...once you complete your current probation.'' The requests are for letters of reference and a statement from my probation officer, but not before June of 2002 when my probation ends.
I scored in the very highest percentile on the Mass teacher's Test, scoring a 93 when 64% of those taking the test failed. I have received nothing but the highest praise for my teaching skills. I no longer drink, at all, and go to great lengths to remain sober. The question is: Is alcoholism a disease, as the ADA, the courts, and the medical community consider it, or a moral failing, as it is viewed by the Mass Dept of Ed? Do I have a legal leg to stand on if I attempt to force the Dept of Ed to grant my teaching credentials?
1 Answer from Attorneys
Re: Alcoholism, Recovery, and ADA
Hi. THis is an interesting question, which has a two- or three-part answer. 1. Alchoholism is a disability covered by the ADA, but... 2. Current alchohol or drug use is NOT covered by the ADA. More importantly, though, the argument by the school will likely be that their decision was based not on your alchoholism, but on your convictions. Although the convictions are, obviously, outcroppings of the disease, many courts have rejected this argument and said that you can indeed take into account actions that are committed that may be the result of drug or alchohol use.
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