A National Directory of Drug Treatment Centers and Alcohol Treatment Centers, Therapists and Specialists. A free, simple directory providing assistance and guidance for those seeking help regarding alcohol addiction, drug addiction, dependency and many other conditions that affect the mind, body and soul.
Call 888-647-0579 to speak with an alcohol or drug abuse counselor.

Who Answers?

Was It OK to Insist That He Receive Alcohol Treatment?

If an employer requires an employee to complete an inpatient alcohol treatment as a condition of keeping his job, does it regard him as an alcoholic?

What happened. “Clark” worked for Seward County, Nebraska, from 1981 until 2005. He was a Vietnam veteran who suffered from Post-Traumatic Stress Disorder (PTSD) and took medication to control his symptoms. On July 22, 2005, Clark left work early, began drinking, and became intoxicated. Later that night, he wounded some of his family’s farm animals and threatened his wife. He was arrested the next morning for making terrorist threats and using a firearm to commit a felony.

The Seward County board and Clark agreed that he would get a psychological evaluation and a substance abuse evaluation. He met with a mental health practitioner from the Veterans Administration (VA), who recommended that he complete inpatient alcohol treatment. But Clark did not want to complete inpatient treatment and told the board he would instead pursue outpatient treatment. But the board decided to follow the recommendations of the VA and required Clark to complete inpatient treatment. It mailed a letter to Clark telling him to enroll at an inpatient treatment center within 10 days or lose his job. The board wound up giving him much more than 10 days to comply with this request, but Clark ultimately refused, so it terminated him.

Clark sued the county under the Americans with Disabilities Act (ADA), claiming that it regarded him as a disabled alcoholic. A federal district court in Nebraska found for the county and Clark appealed to the 8th Circuit (which includes Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota).

What the court said. Clark claimed that in requiring him to complete inpatient alcohol treatment as a condition of keeping his job, the board regarded him as an alcoholic. The court explained that an employer regards an employee as disabled when it mistakenly believes that an employee’s physical ailments substantially limit his/her ability to work. However, the board’s insistence upon Clark’s completion of inpatient treatment “was not based upon misconceptions, myths or stereotypes about his possible drinking problem” but rather on “a very serious incident which resulted in criminal charges” and “a licensed mental health therapist’s recommendation” that Clark complete inpatient alcohol treatment. Judges concluded that the board’s insistence that Clark fulfill their requirement before returning to his job did not violate the ADA’s prohibitions on regarding employees as disabled. Kozisek v. Seward County, U.S. Court of Appeals for the 8th Circuit, No. 07-3682 (2008).

Point to remember: Clark also claimed that he was disabled because of the PTSD, but the court found that regardless of whether he had a disability, the board “articulated a legitimate, nondiscriminatory reason” for firing Clark—his refusal to complete inpatient alcohol treatment.

source:  HR BLR

More Treatment & Detox Articles

After combat, citizen soldiers turning to alcohol

National Guard and Reserve combat troops in Iraq and Afghanistan are more likely to develop drinking problems than active-duty soldiers, a new military study suggests. The authors speculate that inadequate preparation for the stress of combat and reduced access to support services at home might be to blame. The study, appearing in today’s Journal of….

Continue reading

What is addiction?

Addiction is a term that is used to describe a recurring compulsion by the person that engages him in a particular activity, inspite of the harmful consequences to their health and social life. It is accepted all over that addiction is a disease and a state of psychological dependence on something that can have damaging….

Continue reading

Sober second thoughts on problem drinking

I had a friend once who had a promising future in the advertising profession. He was a terrific salesman and creative thinker. He loved booze. Friday afternoons when we’d get paid we go to a popular watering hole and have a few cool ones with co-workers. I noticed often when we had enough and ready….

Continue reading

City exploring alcohol ban for problem drunks

To address Madison’s ongoing problem with chronic street alcoholics, a new list could soon be making its way to liquor stores across the city that would prevent those on it from buying alcohol. While city staffers and members of the Alcohol License Review Committee (ALRC) still are working out the details, finding one’s way onto….

Continue reading

Where do calls go?

Calls to numbers on a specific treatment center listing will be routed to that treatment center. Calls to any general helpline will be answered or returned by one of the treatment providers listed, each of which is a paid advertiser.

By calling the helpline you agree to the terms of use. We do not receive any commission or fee that is dependent upon which treatment provider a caller chooses. There is no obligation to enter treatment.

I NEED TO TALK TO SOMEONE NOWI NEED TO TALK TO SOMEONE NOW 888-647-0579Response time about 1 min | Response rate 100%
Who Answers?