Aug
2010
MSNBC: Tough economy poses challenge for addicts
New article from MSNBC.com talks about how the loss of jobs and inability to find work can make it harder to stay sober. Author Eve Tahmincioglu states, “During tough economic times, it can be even harder to fight an addiction. It can also be more challenging for workers trying to clean themselves up to hold onto their jobs.”
Excerpts:
“There are more financial stressors today,” said Dr. Barbara Krantz, CEO and medical director of research at Hanley Center, an addiction recovery center in West Palm Beach, Fla., adding that such stress can contribute to alcohol and drug use, both illegal and prescription. From 2007 through 2009, Hanley Center has seen more than a 60 percent increase in the number of patients citing work-related problems as one of the top reasons they are seeking substance addiction help.
In many cases, she added, workers lose their jobs because of substance abuse, but most employers don’t fire them outright over an addiction. “People tell us they lost their jobs because of absenteeism or poor job performance,” she said.
About the alcohol / drug distinction:
Protections for a worker with a substance abuse problem under the nation’s labor laws are not as clear as those for people with disabilities such as blindness or paraplegia.
“The ADA actually treats drug and alcohol abuse somewhat differently,” Chris Kuczynski, an attorney with the EEOC said. “An alcoholic who is currently drinking can be covered, although he or she can be held to the same standards as other workers concerning use of alcohol at the worksite, can be disciplined for violating rules that say employees cannot be working under the influence of alcohol, etc.
“The distinction between drug and alcohol use can be important in some situations, particularly where treatment is concerned. Because persons engaging in the illegal use of drugs aren’t covered and aren’t therefore entitled to reasonable accommodation, an employer doesn’t have to offer them the opportunity to take leave for treatment. On the other hand, because alcoholics who are currently drinking can be individuals with disabilities, reasonable accommodation in the form of time off for treatment may be required.”
If you were a former abuser, an employer can’t hold that against you in most cases.
About getting treatment:
In cases where the employer suspects a worker is high while on the job or that the employee has an abuse problem — and the employee has not owned up to it or asked for help — and the abuse is negatively impacting his or her work duties, the employer can terminate the employee, added Anthony Oncidi, partner and head of the Los Angeles labor and employment law group for Proskauer Rose.
Oncidi’s firm had a financial services client last year with a high-level employee who was repeatedly coming to work under the influence and even going to client meetings drunk. The female employee had been with the firm for five years, but the alcohol problem had surfaced only recently.
“She even went to a conference where she clearly had too much alcohol and embarrassed herself and the company,” he said. “They talked to her about it, but she denied she had a problem. She was fired.”
On the flip side, if an employee needs to take time off to go into a treatment program, the employer typically has to reasonably accommodate the worker, Oncidi said.
Read the entire article here on MSNBC.com.







