Employment Law Commentary, January 2016

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Alcoholism And Disability Discrimination: Lessons From The USC Coach’s Case -

If you have never dealt with an employee who is an alcoholic, rest assured, you will. Alcoholism has been described as the single largest, most destructive addiction in the United States, with an estimated seventeen million Americans struggling with some form of alcohol addiction. According to a recent study by the National Institute on Alcohol Abuse and Alcoholism, nearly 7 percent of adults ages 18 and older have an “alcohol use disorder.” By his own admission, one of these individuals was Steve Sarkisian, who prior to his termination on October 12, 2015, was the head coach of the University of Southern California’s football team. Less than two months after he was fired, Sarkisian filed a lawsuit against USC alleging that his termination was the result of disability-based discrimination and that, rather than attempting to reasonably accommodate his alcoholism as required by law, the University fired him and “kicked him to the curb.” In fact, in his complaint Sarkisian alleges that USC fired him a day after placing him on an indefinite leave of absence and that he first learned of his termination while traveling to an out-of-state treatment facility. In addition, Sarkisian claims that USC did not have cause to terminate his employment contract and, consequently, owes him roughly $15 million in severance. In response to Sarkisian’s complaint, USC filed a motion to compel arbitration earlier this month in which it denies firing the coach because he was an alcoholic and asserts that Sarkisian was let go because he could not perform basic job responsibilities, including showing up for practices and speaking events.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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