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Showing Up to Work Drunk off Mike's Hard Lemonade & Then Fired? No ADA Violation Here


Ortiz v. Board of Education of City of Chicago - US District Court Northern District of Illinois, Eastern Division


Facts:  David Ortiz was discharged from his job at a public school because he reported to work under the influence of alcohol.  By way of background, Ortiz was diagnosed with recurrent major depressive disorder.  However, he was apparently a satisfactory employee, although he may have taken mediation during his tenure with the school.  After expressing suicidal thoughts and being hospitalized and not coming to work between March 9, 2010 and April 1, 2010, Ortiz reported to work on Monday, April 5, 2010.  When Ortiz reported to work, he was "carrying one empty and three full cans of Mike's Hard Lemonade, along with raw meat."  The principal at the school had a breath alcohol test done on Ortiz which revealed a blood alcohol level of .198; fifteen minutes later Ortiz's level was .203.  After a dismissal hearing, the Board terminated Ortiz in July 2010 for possessing alcohol at school and being under the influence. 

Ortiz brought suit against the Board of Education under the Americans with Disabilities Act ("ADA") and claims the Board failed to provide a reasonable accommodation.  

Holding:  The District Court noted that the ADA makes it unlawful to "discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training, conditions, and privileges of employment".  Included in the ADA's definition of discrimination is failing to provide reasonable accommodations for known physical or mental limitations.

For Ortiz to prevail upon his failure to accommodate claim, he had to show that (1) he was a qualified individual with a disability, (2) the employer was aware of the disability, and (3) the employer failed to provide a reasonable accommodation.  A "qualified individual with a disability" is an "individual with a disability who with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires."  In this case, Ortiz was not a qualified individual with a disability as a violation of a workplace rule, even if caused by a disability, is no defense to discipline up to and including termination.  Consequently, the Court held that reporting to work in possession and under the influence of alcohol renders that employee unqualified under the ADA. 

Judgment:  The District Court judge granted the Board's motion for summary judgment and held that Ortiz failed to prove the basic elements of his ADA claim by failing to show he was a qualified individual.

The Takeaway:  This is a relatively straight forward ruling; showing up to work intoxicated and unable to perform job functions is a terminable offense (in most offices) and therefore not a violation of the ADA.  Employees should take care to ensure that although they are mainly free to do whatever they please on their own time, care needs to be taken to ensure that when it is time to work, they are of sound mind and able to perform the essential functions of employment.

Majority Opinion Judge:  Judge Marovich

Date:  July 14, 2014

Opinion:  http://www.scribd.com/doc/234177603/Ortiz-v-Board-of-Ed-City-of-Chicago


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