USCA Rejects Alcoholic's ADA Claim: 'Catch-22'

The United States Court of Appeals for the First Circuit rejected last week a claim that an employee's alcoholism could be the basis for action under the Americans with Disabilities Act (ADA).In John F. Sullivan vs. The Neiman Marcus Group, Inc. (No. 03-1606, 2/13/04), Sullivan was hired by Neiman Marcus as a sales associate in its Boston store in March, 1999. By June of that year he had been promoted to Assistant Manager of the store's Gift Gallery. Sullivan remained in this position until he was terminated August 25, 1999 on suspicion of being intoxicated at work. Sullivan had a long history...