5th Circuit rejects disability discrimination claim based on alcoholism

An employer wasn’t liable to a former employee who alleged he was terminated because of a disability, his alcoholism, the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas employers) recently decided. Although the appeals court didn’t directly address whether alcoholism qualified as a protected disability when it upheld a New Orleans-based district court ruling, the opinion offers guidance on how employers can avoid liability when discharging employees.

Supervisor recommends discharge after only a month

Justin Moore worked as an orthopedic implant coordinator for Centralized Management Services (CMS). He was responsible for developing business for CMS in the New Orleans market. Part of his job duties included setting up conference calls and meetings with clients and sending reports to corporate management about his progress.

About a month after Moore’s employment with CMS began, supervisor Angela Jones sent an e-mail documenting his poor job performance. According to the note, he had failed to complete assignments, respond to e-mails, or communicate with supervisors and clients. She then sent an e-mail to the company’s chief operating officer recommending Moore be terminated.

A few days later, Moore let Jones know he suffered from alcoholism and had encountered a relapse after years of being in recovery. Shortly thereafter, he entered a month-long treatment program before attempting to return to work. Five days after completing the program, Moore was told he was being discharged for poor performance.