Absenteeism Trumps ADA Protections For Alcoholism

Law360, New York (December 14, 2009, 2:26 PM EST) -- The U.S. Court of Appeals for the Second Circuit has determined that while alcoholism can be considered a disability under the Americans with Disabilities Act, the impairment cannot protect an employee from termination if it affects his ability to show up for work.

A three-judge panel on Friday upheld a U.S. District Court for the District of Connecticut ruling dismissing wrongful termination claims brought by plaintiff Bruce Vandenbroek under the ADA and the Family and Medical Leave Act against his former employer PSEG Power Connecticut LLC....
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