On December 7, 2015, former USC Trojans head football coach, Steve Sarkisian (“Sarkisian”), filed a complaint against his former employer, the University of Southern California (“USC”). Sarkisian alleged disability discrimination, among other things, when he stated that USC discriminated against him by firing him due to his disability. The complaint seeks $12.6 million in damages, but Sarkisian’s attorney stated that he would ultimately be seeking more than $30 million in damages from USC.
According to the complaint that Sarkisian filed against his former employer, USC fired him because: (i) he was not winning enough conference games and (ii) he sought inpatient treatment in the middle of the season for a disability that was “unacceptable” to USC. In his complaint, Sarkisian further asserted that: (i) he is legally disabled due to being an alcoholic, and (ii) USC should have accommodated him by allowing him to seek such inpatient treatment, despite being during the football season. Sarkisian argued that California law imposes a duty on USC to make reasonable accommodations for a disability, such as alcoholism, unless USC could demonstrate that doing so would have imposed an undue hardship. For additional details on disability discrimination and this case see, Sarkisian v. University of Southern California.
Similar to California law, federal law and Ohio law make it unlawful for an employer to discriminate against an employee because of their disability. See 42 U.S.C. 12112(a) and Ohio R.C. §4112.02(A). Federal and state laws require an employer to provide reasonable accommodation(s) to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. A reasonable accommodation may include such things as: (i) offering the employee a reasonable period of leave; (ii) allowing flexible scheduling; or (iii) providing a self-paced workload.
It is important for employers to be aware that alcoholism might qualify as a disability where a reasonable accommodation should be considered. If you have knowledge of any information indicating that an employee might have a disability, it is important to consult your legal counsel to determine how to handle the situation. If it is determined that the employee does have a disability, you should discuss and consider possible reasonable accommodations when necessary. Our attorneys have conducted many discrimination investigations for clients and have also defended clients against discrimination charges filed with the Equal Employment Opportunity Commission (“EEOC”) or the Ohio Civil Rights Commission (“OCRC”). If you would like more information, advice or representation in an employment matter or dispute, contact one of our employment attorneys, Tanya Nardone or Christopher Tackett.
