“Why is there always someone, somewhere, who just doesn’t get the word?” exclaimed President John F. Kennedy while grappling with the Cuban missile crisis. True in international relations, true in legal developments in employment law, flying into our lives under the radar. So consider the following a public service announcement of sorts so that we are all clued in.
Leading off the batting order is a fleeting yet crucial passage in a recent Fifth Circuit opinion interpreting the Americans with Disabilities Act (ADA). The plaintiff, employed at a gas processing plant, struggles with alcoholism. His drinking aligns with his work schedule of seven days on, seven days off; meaning, one or two drinks in the evenings when he works, and excessive drinking—to the point of passing out—whenever he is off duty. Ultimately though, his drinking leads to his termination and an ADA lawsuit.
