Evidence of progress in employee’s treatment for alcoholism tempers disciplinary penalty

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Evidence of progress in employee’s treatment for alcoholismtempers disciplinary penaltyNYC Department of Sanitation v Anonymous, OATH Index#1637/12
Although the New York City Department of Sanitation soughtto terminate an employee after a positive alcohol test, OATH Administrative LawJudge Tynia D. Richard recommended a 30-day suspension for the sanitationworker.
Judge Richard noted that the employee had offered evidenceof his progress through alcohol treatment as a recovering addict.
The Department’s request for termination was essentiallybased on the two earlier opportunities that it had provided the worker to recoverfrom his alcohol dependence.*
In fashioning a penalty recommendation, the ALJ noted thatemployee had voluntarily entered the treatment program, took responsibility forhis actions and showed insight into the extent of his problem, and that such apenalty might be combined with ongoing alcohol testing (though not providedunder Civil Service Law §75) as the Department sees fit.
* Individuals who abuse alcohol may be considered disabled under the ADAif the person is an alcoholic or a recovering alcoholic. Courts have usuallyheld that alcoholism is a covered disability. For example, in Williams v. Widnal, 119 F3d 305, [Cert. Denied 118 S. Ct. 871], thecourt said, without discussion, that alcoholism “is a covered disability.”
The decision is posted on the Internet at:http://archive.citylaw.org/oath/12_Cases/12-1637.pdf