Discriminatory Firing

Numerous federal, state, and even local laws restrict an employer’s right to fire an employee for discriminatory reasons.

If an employee’s alcohol or drug use caused an accident, endangered another employee, or resulted in excessive absence, you may be tempted to eliminate the problem by firing the employee. Federal and state laws that protect disabled employees from discrimination may apply to alcoholics or drug users. It may be unlawful to fire an employee for substance abuse unless you take steps to reasonably accommodate the employee’s problem and give him or her a reasonable chance for rehabilitation. Should this happen, consult with a qualified employment lawyer before taking action.