Can My Boss Fire Me For Going to Alcohol Anonymous (AA)?
Alcoholism is a chronic disease that affects more than three million people each year. It potentially could result in a multitude of issues such as binge drinking, problems controlling one’s drinking, aggression, or a habitual use of alcohol regardless of the consequences. Whether alcoholism or other related issues are considered disabilities under the law, will determine your rights in the workplace.
Mike and Dale both work for the same company. Dale is an alcoholic, while Mike has a current opioid addiction. Under both the FEHA and ADA, Dale is considered a person with a disability. However, due to the fact Mike is actively using, his employer may be able to fire Mike for his addiction without facing a disability discrimination lawsuit. Mike is only protected by the FEHA and the ADA to the extent that he is not currently using opiates illegally. Conversely, if Dale is still drinking alcohol, his employer may face a lawsuit if he fires him for being an alcoholic.
Can I Be Fired for Going to Narcotics Anonymous or Alcoholics Anonymous?
A bedrock principle of many recovery groups, including Narcotics Anonymous (NA) and Alcoholics Anonymous (AA) is confidentiality. Members of these groups abide by a rule to not disclose the names of other members, or what was discussed at meetings. This principle is critical, given the stigma often associated with addiction. However, there are situations where a person may be outed as a member of NA or AA. This could be intentional, or it may happen by accident.For Example:
If Mike’s boss happens to be walking by just as Mike gets out of a NA meeting, he might discover that Mike is in the group.Due to the fact alcoholism is considered a disability under both federal and state law, and drug addiction may be considered a disability if a person is in recovery, it may be illegal for your employer to fire you for going to NA or AA. If you are fired for going to NA, AA, or otherwise working to stay clean and sober, then you may be able to file a disability discrimination lawsuit against your employer, with the help of an experienced Orange County employment lawyer.