Amici (public-health scholars) explain that Alcohol Use Disorder (AUD) is a chronic brain disorder—not a series of “temporary bouts of inebriation”—that alters judgment, memory, decision-making, and self-control and substantially limits major life activities even between episodes. Under the ADA Amendments Act, episodic or remitted conditions count as disabilities if they would substantially limit a major life activity when active; the district court ignored that mandate and leaned on pre-ADAAA cases. Applying the correct standard, a jury could find that Mr. Mueck’s AUD is disabling based on his cravings, impaired thinking and concentration, and compulsive use. Amici also argue the court erred in downplaying his accommodation request: asking to miss four evening shifts to attend court-approved group therapy was a textbook, reasonable accommodation tied to his disability and treatment—no “magic words” required. Section 12114(c)(4) (holding alcohol-dependent employees to neutral performance and conduct rules) doesn’t excuse an employer from providing schedule or leave accommodations where, as here, there were no performance or misconduct issues and the termination followed a refusal to adjust scheduling. Amici urge reversal so a jury can decide disability and accommodation under the ADAAA’s broad protections.
2023 | Federal Juristiction