Around St. Patrick’s Day, conversations about drinking are everywhere. But when alcohol use becomes a medical issue, the legal questions are anything but lighthearted. Many Texas employees quietly ask the same thing: Can I lose my job for being an alcoholic?
The answer is more nuanced than most people realize – and it depends on what actually happened at work.
Is Alcoholism a Disability Under the ADA?
Rachel Bethel Dallas
Trial Attorney
Many workers live with medical conditions that are episodic in nature. Symptoms might present only during periods of flare-ups or relapses that interrupt otherwise stable health.
Such conditions may include multiple sclerosis, seizure disorders, severe migraines, bipolar disorder, mood disorders, Crohn’s disease, and autoimmune disorders.
In this blog, I address the confusion a number of potential clients have had between the concept of it being unlawful to discriminate against them due to a mental health disability, and the experience of mental anguish or emotional distress caused by their workplace. Specifically, a workplace exacerbating or even creating a mental health disability is not the same thing as being subjected to disability discrimination. Can those two things be related? Very possibly, and they often are. But they are not one-to-one.
First of all, the Americans with Disabilities Act as currently amended – along with various states’ laws – prohibit employers from discriminating against employees (1) because of their disability, (2) because of their past history of having a disability, (3) because they appear to have a disability, or (4) because of their association with another person with disability. And “disability” here is much broader than most people think. It is not just missing a limb or being unable to walk. Rather, a disability protected by the Americans with Disabilities Act is any physical or mental impairment that substantially limits a major life activity. “Major life activities” can include many things, from driving or speaking to concentrating or sleeping.
Thus, if your employer treats you differently because you experience an “invisible” mental disability like anxiety or depression, that can still be disability discrimination. And if you are able to prove that through a lawsuit, you may be able to get various damages from a judge or jury. These could include things like lost wages, but also squishier things like compensatory damages. Compensatory damages include the monetary value of mental anguish or emotional distress that an employee suffered because of unlawful discrimination. To get compensatory damages, you still must prove that they were caused by the employer’s illegal discrimination. And virtually any discrimination claim can potentially support compensatory damages, not just disability discrimination.
Dallas Employment Trial Lawyer Riley Carter
When employees experience health challenges, one of the first questions they often ask is whether their condition qualifies them for protection under the Americans with Disabilities Act (ADA). Not every medical issue rises to the level of a “disability” under the law and understanding the difference between an injury and a disability can be critical in determining your rights.
What the ADA Protects
October is here—pumpkins on porches, costumes in the stores, and a chill in the air. But for many Texas employees, the real scare isn’t haunted houses or ghost stories. It’s the fear of speaking up at work. When employees exercise their rights—whether requesting a disability accommodation or reporting unfair treatment—they too often face retaliation. And that’s more frightening than anything you’ll find in a corn maze.
In this post, we’ll look at how disability rights and workplace retaliation intersect, what protections the law gives Texas employees, and what steps you can take if your employer crosses the line.
Disability Rights: Not a Favor, a Legal Obligation
Dallas Employment Trial Lawyer Deontae Wherry
You have just learned that a loved one needs serious medical care—or maybe you are facing a health crisis of your own. You go to HR, hoping to take time off under the Family and Medical Leave Act (“FMLA”), only to hear:
“You’re not eligible.”
Coming out of the Fourth of July, I’ve been thinking about the disconnect between how we celebrate veterans publicly and how many are treated at work. In my practice, I’ve represented disabled veterans who faced discrimination, retaliation, or termination after simply asking for the accommodations they needed to do their jobs.
Returning to the civilian workforce as a veteran comes with challenges. For disabled veterans in particular, the transition can be even harder when an employer treats your request for support like a burden—or worse, a threat.
If you’re a veteran in Dallas living with service-connected conditions like PTSD, anxiety, chronic pain, or mobility limitations, you have legal rights in the workplace. And if your employer is making you feel like a “liability” because of those conditions, they may be violating the law.
Dallas Employment Trial Lawyer Riley Carter
As the holiday season approaches, many employees find themselves yearning for quality time with family and friends. Taking leave during this festive time is a common practice, but it’s crucial to understand the legal implications and rights associated with holiday leave under employment law.
Understanding Your Leave Entitlement
Summary: This article addresses a few common stumbling blocks we have seen when doctors fill out accommodation paperwork.
Because of the Americans with Disabilities Act (“ADA”), employees with disabilities have a right to receive reasonable accommodations for a disability from their employer that will allow them to continue to perform the “essential functions” of their job. Employers, in turn, are permitted to ask for reasonable documentation to show that an employee has a disability and needs an accommodation, if those things are not open and obvious.
If that paperwork is requested, employees usually need to get it through their doctor(s). However, our Firm has come across numerous situations where the employer turns around and uses that paperwork against the employee, either to deny an accommodation or even to immediately fire them. That may violate the ADA, which requires employers to engage in an “interactive process” and work with the employee on reasonably accommodating them.
Short-term disability, long-term disability, and the Family Medical Leave Act (FMLA) are three types of legal protections for employees who need to take time off from work due to illness, injury, or the need to care for a family member. While these protections may seem similar, they each have unique features and eligibility requirements that employees should be aware of. In this article, we will explore the differences between short-term disability, long-term disability, and the FMLA.
Short-Term Disability
Short term disability (STD) is a type of insurance that provides income replacement to employees who are unable to work due to a non-work-related injury or illness. The duration of STD benefits varies by policy, but typically lasts between three and six months. STD benefits are designed to provide employees with a portion of their regular income while they recover from an injury or illness, allowing them to pay their bills and meet their financial obligations.
Dallas Employment Lawyer Blog