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Hofstra Labor & Employment Law Journal

Abstract

This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.

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