1. Can an off duty, intoxicated police chief who causes a car accident, be disciplined even though he claims he’s protected by the Americans with Disabilities Act?
The 7th Circuit Court of Appeals in Budde v. Kane County Forest Preserve, considered the issue. Following the accident the police chief was terminated for failing to meet the standards of his position and being unable to drive a police car because of his suspended license.
The chief contended that the ADA was violated because his employer failed to accommodate his alcoholism and retaliated against him for requesting a reasonable accommodation.
Alcoholism can be a disability under the ADA and therefore entitle an employee (who isn’t intoxicated at work) to a reasonable accommodation to seek treatment. The court ruled against the chief, finding that because of his conduct he couldn’t perform an essential job function (driving) and that police officers could be held to high standards of conduct.
