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Can conviction due to alcoholism be used to bar employment? 09-10-02

If an applicant claims alcoholism as a disability and further claims that his criminal conviction was due to his alcoholism, can we reject his application due to his criminal conviction?

Rita Risser Replies:

If you have a policy of rejecting applicants who have felony convictions, then you can and should apply that policy against this applicant. Having a disability under the Americans with Disabilities Act does not excuse violating criminal laws, or employer policies. All employees are held to the same standards, regardless of their disabilities.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
 
 
     
 
 
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