Legal Question in Employment Law in Massachusetts

Alcoholism and the Employer

My husband is a recovering alcholoic, who for the last few years has been unable to gain any length of sobriety. He had over seven years of sobriety, prior to his shift change at work. He currently works between 2nd and 3rd shift and there is drinking going on throught his organization, to which my husband is unable to control his addiction. He spent ten days in Rehab in March of 2003, paid for by his employer. Both his employer and the EAP personnel know of his addiction and also know of the suggestion that his shift be changed to 1st shift by the rehab therapists. They felt that my husband would have an easier time with his addiciton and his treatment program on 1st shift, however, the organization refused. Because of his working hours he is unable to participate in any structured treatment program, and is again drinking. Additionally, while drinking is forbidden at his organization, it continues to be ignored on the 2nd and 3rd shift. Does he have any legal ground to try to work on 1st shift so that he may be able to take advantage of a treatment plan? Is the organization liable for continually turning their heads from drinking on the premises, and while working with high amounts of electricity?


Asked on 9/12/03, 10:50 am

2 Answers from Attorneys
Thomas Murphy Law Office of Thomas Murphy

Re: Alcoholism and the Employer

He does have legal grounds to request a reasonable accommodation pursuant to the ADA. He should get a letter from his doctor outlining the need for the transfer and present it to his employer as a formal request for reasonable accommodation. If they again refuse, his recourse is to file a claim of discrimination at the Mass. Commission Against Discrimination.

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Answered on 9/12/03, 11:23 am
Nance Lyons Law Office of Nance Lyons

Re: Alcoholism and the Employer

Your husband should contact the MAssachusetts Commission Against Discrimination to file a complaint. He is entitled to a reasonable accommodation to his handicap by his employer. Alcohol addiction is a handicap.

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Answered on 9/12/03, 4:43 pm


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