Is Alcoholism a Disability?

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Who Answers?

The Americans with Disabilities Act of 1990 (ADA) was created by the U.S. Department of Justice to ensure that all individuals receive equal opportunities in the workplace. The ADA provides criteria for conditions that are considered disabilities and guidelines for how employers must accommodate individuals with disabilities. The ADA answers questions like, “Is alcoholism a disability?”

What Is the Legal Definition of a Disability?

Under the ADA, a disability is defined as:¹

According to the American Psychological Association, which publishes the clinical criteria for mental health conditions, substance use disorders—like alcoholism—qualify as disabilities. ²

What Is the Clinical Definition of Alcoholism?

The Diagnostic and Statistical Manual for Mental Disorders, Fifth Edition (DSM-5), is the book used to evaluate and diagnose mental health conditions. The formal diagnosis of alcoholism is alcohol use disorder (AUD), which may be considered a disability under the law.²

When asking is alcoholism a disability under ADA, a person’s symptoms and the severity of their diagnosis may be considered. Alcohol use disorder may be categorized as mild, moderate, or severe based on the impairment and distress it causes. A mental health professional evaluates 11 criteria to determine if a person has AUD and, if so, how severe it is.

Severity is determined based on whether the individual has experienced a certain number of symptoms in the last year or is currently experiencing them: ²

• Mild—Individual experiences 2-3 symptoms.
• Moderate—Individual experiences 4-5 symptoms.
• Severe—Individual experiences 6 or more symptoms, up to a total of 11.

How Is Alcoholism Classified Under the ADA?

The inclusion of substance use disorders, including alcohol use disorder, in the DSM-5 is based on the mental and physical impairment that these mental health conditions can cause. AUD can interfere with daily living activities, future planning, and receiving treatment—this, by definition qualifies alcoholism as a disability.

Certain criteria used to evaluate alcohol use disorder illustrate how and in what way alcoholism is a disability under ADA.

Increasing Time Investment

You spend a lot of your time drinking, seeking alcohol, or recovering from the effects of alcohol. Doing so interferes with your abilities to fulfill duties at home, work, or socially. This may be debilitating in meeting obligations, such as work responsibilities, without assistance.

Loss of Sober Activities and Commitments

You give up activities you once enjoyed or felt were important because of alcohol. This becomes a mental burden over time since isolation and social withdrawal negatively impact psychological and physical well-being.³ This may additionally affect work-life balance or eliminate parts of your job that were previously important to you, such as employee network groups, volunteering, collaborations, or actively seeking new challenges.

Changes in Thought Patterns

Alcohol triggers an intense reward response in the brain and can also become associated with other pleasant emotions or sensations, such as relaxation or an ability to sleep. Individuals with alcohol use disorder can begin to think about using alcohol obsessively, making it difficult to think about other tasks or solve complex mental problems. This is a form of mental impairment that can affect concentration, detail work, and productivity.

Alcohol misuse is also often associated with negative thoughts about oneself or with rule-setting about how you drink alcohol. These cognitive distortions—including toxic shame, black-and-white thinking, and future tripping—may give you some sense of control over the progressive nature of alcoholism, but can also affect daily living activities.

Alcohol Use Despite Known Consequences

Because alcohol is an addictive substance and alcohol use disorder is, by nature, the continued, compulsive and problematic use of alcohol, you may continue to drink even after you know it is causing problems. Drinking after you are aware of a mental or physical health condition directly related to alcohol use is one of the criteria of AUD.

High-Risk Drinking

Use of alcohol in potentially dangerous situations is another criteria of alcohol use disorder. While drinking, you may have placed yourself in situations that you would not have been in while sober, such as places or environments that increase your risk of accidents or injuries.

Physical Withdrawal Symptoms

When you stop using alcohol, do not have access to it, or reduce the amount of alcohol you use, you may experience withdrawal symptoms that impair you physically and mentally. This effect, known as withdrawal syndrome, is one of the potential signs of alcohol use disorder.⁴

How Does the ADA Protect People With Alcoholism?

The ADA offers support for those with alcohol use disorder and those in recovery from AUD. The law views AUD as a disability because it causes impairment to the brain and neurological functioning.⁵

Under the ADA, employers may not discriminate against an employee or potential employee with a disability. Protection for employees with alcohol use disorder include that employers:⁶

• Must hold employees with an AUD to the same standards as employees without an AUD.
• Cannot discipline employees with an AUD any differently than they would with an employee who does not have an AUD.
• May not ask if someone has a history of substance use, a substance use disorder, or has spent any time in an alcohol recovery treatment center in the pre-offer or interview stages of the hiring process.
• Must maintain the same drug testing policies for all employees. They may not single out an employee based on symptoms that could be related to a suspected AUD that could also be related to other conditions.
• Cannot consider the use of prescribed medications as having a substance use disorder.
• Cannot fire, refuse to hire, or refuse to promote someone because they have a history of AUD or are currently participating in an alcohol recovery treatment program. They also cannot single a person out for rewards, incentives, recognition, etc. based on progress in addiction recovery or for any other reason relating to a substance use disorder.
• Must provide reasonable accommodations in the workplace. Examples of reasonable accommodations include allowing an employee time off work to attend inpatient or outpatient treatment for their AUD as applicable based on the type of business, employment, and treatment needed.

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How Does the ADA Protect Employers?

While the primary purpose of the ADA is to provide individuals with fair and equal working opportunities, the ADA also protects employers, allowing them to reinforce policies that protect employees and clients’ safety, privacy, and business environment. Employers can:⁷

• Prohibit the use of alcohol in the workplace.
• Require employees not to be intoxicated while at work.
• Require employees to conform to the Drug-Free Workplace Act of 1988.
• Implement drug and alcohol testing policies.
• Enact a disciplinary process that may lead to firing if an employee violates an employee’s contract. Violations of a contract may include if an employee is frequently late or absent; affects productivity, their own or others’ safety, or work quality due to intoxication; or consistently misses deadlines due to alcohol misuse.

In addition to these protections, an employer does not have to provide treatment to individuals with substance use disorders. Employers do not have to hold a position open for an employee who has taken medical leave more than once to attend rehab. Employers are also not required to provide accommodations to employees if they do not ask for it or deny having a problem with alcohol.⁸

How Do ADA Protections Work in Real Life?

The ADA National Network provides sample scenarios to help explain how disability laws protect a person throughout the hiring process.⁹

In the Interview

If a person goes to an interview and when reviewing their resume, the employer notices there are periods where you did not work. The employer asks about these gaps. You want to be honest, but you don’t want to reveal you were unable to work or in treatment for alcohol use disorder. How do you respond, and why?

According to the ADA, you can tell the employer you were being treated for an illness but are well now and excited to work. You did not lie, which is grounds for not hiring you. The employer follows up by asking you to explain your illness and treatment.

After the interview, you would be able to file a complaint against the employer for asking an illegal question. Even if you are currently in an outpatient alcohol program, if treatment is not currently affecting your ability to work, you are not required to disclose anything other than that you have received treatment during the gaps in your resume.

Offer Made, but Pre-Start Date

Once you have been offered a job and accepted, the employer can ask you about disabilities. The formal purpose of these questions is to ensure that you receive reasonable accommodations that you need. For example, if you needed a standing desk at your workstation or a calculator to complete equations. In many cases, this information is not processed by a person in your direct chain of command, but by a third-party company or by the HR department, since disability information can be sensitive.

Your employer may require testing or further medical evaluations before you start working. For example, you may need to provide a doctor’s letter to support why you need a physical accommodation like that standing desk.

The employer cannot legally withdraw an offer because you disclose a history of substance use, any alcohol addiction treatment, or a need for accommodations relating to an alcohol use disorder diagnosis. However, if the employer does not ask you directly to disclose this history, you are not required to reveal that information at any point in your employment.

On the Job

If you show up to work intoxicated and it affects your work or the business, employers can inquire about your symptoms or diagnosis as it directly pertains to your job responsibilities and other business-related topics. They can also discipline or fire you according to company policy.

They may offer you time off to recover from an AUD. However, you may need to apply for medical leave for treatment before disciplinary action is taken or your employer may not be legally obligated to keep your job open.

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What Are Reasonable Accommodations Related to Alcoholism?

The ADA defines reasonable accommodations as: ¹⁰

Any changes that need to be made for an employee with a disability throughout the hiring process and while on the job. This may also mean adapting the work environment or job procedures. If you become more capable of fulfilling job duties after making a few changes, the employer should provide an opportunity to do so.

Examples of reasonable accommodations for a person with an AUD may include the following:¹⁰

• Allow a flexible work schedule that allows someone to attend Alcoholics Anonymous, 12-step groups, or other forms of recovery support.
• Allow an employee to switch job tasks if a particular one is a trigger for relapse. For example, if a salesman’s route includes meeting clients in bars, they can accept a new route.
• Allow an employee to transition to a different job within the company. If an employee is triggered to drink when they feel overwhelmed, they may benefit from a less stressful position.
• Allow the use of service animals. Some people with AUD also have co-occurring disorders of anxiety or post-traumatic stress disorder (PTSD). Service animals may help an employee remain calm and focused.

Reasonable accommodations can address conditions the employee has other than just the AUD. These additional conditions may be the reasons a person drinks. They are trying to relieve symptoms of medical, physical, or psychological problems. For example, employers can:¹⁰

• Reserve a parking space for an employee with pain. Attempting to self-manage chronic pain is one reason people misuse alcohol.
• Improve accessibility in the office workspace.
• Change presentation and workshops to meet the individual learning needs of each employee.
• Adjust equipment and tools if doing so makes it easier for an employee to do their job.

Can You Get Disability for Alcoholism?

Alcohol use disorder was previously considered a disability by the Social Securities Administration. In 1996, however, they declassified it as a disability if it is the only or primary impairment.

Now, there must be an accompanying condition that is the primary problem, and alcohol use disorder can only be a contributing factor. At the time of this change, 160,000 people were receiving disability for AUD. They were given several years to transition and seek approval for their benefits again with a different primary condition by providing evidence that alcohol misuse was a contributing factor. ¹¹

Can you get disability for alcoholism? Maybe.

The Social Security Administration makes an eligibility determination based on medical evidence you provide in your application that proves you have a disability. They also determine if you would still be disabled by a mental or physical condition if you stopped drinking alcohol.¹²

So, Is Alcoholism a Disability?

The clinical and legal definitions of which conditions are disabling are handled by multiple organizations who have differing goals. Is alcoholism a disability? Is alcoholism a disability under ADA? Can you get disability for alcoholism from Social Security? Yes, yes, and maybe.

Alcohol use disorder is a brain disease that can cause significant impairment in multiple life areas. The ADA is primarily concerned with ensuring that the condition does not affect your ability to obtain or keep employment, while the Social Security Administration considers many areas of your life.

Regardless of the reasonable accommodations you may need at work or whether you qualify for disability benefits, you may find that alcohol misuse or addiction impair your ability to achieve sobriety, go after your dream job, or set other goals.

Call 800-948-8417 Who Answers? to speak with an alcohol treatment specialist about finding rehab treatment that may empower you to reach your personal goals—at work and in other areas of your life.

Resources

1. S. Department of Justice. (2021). Information and Technical Assistance on the Americans Disabilities Act.
2. National Institute of Alcohol Abuse and Alcoholism. (2021). Alcohol Use Disorder: A Comparison Between DSM-IV and DSM-5.
3. Wang, J., Lloyd-Evans, B., Giacco, D., Forsyth, R., Nebo, C., Mann, F., & Johnson, S. (2017). Social isolation in mental health: a conceptual and methodological review. Social psychiatry and psychiatric epidemiology, 52(12), 1451–1461.
4. Reidenberg M. M. (2011). Drug Discontinuation Effects Are Part of the Pharmacology of a Drug. The Journal of Pharmacology and Experimental Therapeutics, 339(2), 324–328.
5. ADA National Network. (2019). The ADA, Addiction, and Recovery.
6. American Disabilities Act. (2005). Questions and Answers: Employment.
7. Job Accommodation Network. (2021). Accommodation and Compliance Series: Employees with Alcoholism.
8. S. Department of Justice. (2021). Chapter 126: Equal Opportunity for People with Disabilities, section 12114. Title 42: The Public Health and Welfare.
9. ADA National Network. (2020). The ADA, Addiction, Recovery, and Employment.
10. ADA National Network. (2018). Reasonable Accommodations in the Workplace.
11. Social Security Administration. (2001). Follow-up of Former Drug Addict and Alcoholic Beneficiaries.
12. Social Security Administration. (2021). Drug Addiction and Alcoholism. Federal Code of Regulations, 416, 935.