Suspended NFL Players Sue Under ADA

PlanSponsor.com (free registration required) yesterday brought some recent current events into the realm of employment discrimination law:

Middle linebacker Odell Thurman of the Cincinnati Bengals and Tampa Bay Bucs cornerback Torrie Cox hope to have their suspensions ordered by Commissioner Roger Goodell overturned. The two filed discrimination claims with the Equal Employment Opportunity Commission (EEOC).

The lawsuits were filed with the EEOC under the Americans with Disabilities Act (ADA), and argued that the NFL deems Thurman ad Cox alcoholics. They claim their suspensions violate the ADA, which forbids employers from discriminating against workers with disabilities.

According to ESPN.com, Thurman and Cox cite the suspension of former NBA player Roy Tarpley of the Dallas Mavericks. In Tarpley's case, the EEOC said that the NBA breached the
ADA when it refused to reinstate Tarpley, even though he passed drug screenings for four consecutive years.

This is an interesting dispute as the ADA has very specific language when it comes to treating alcoholism as a disability.  Those currently abusing alcohol are not covered by the ADA, while those who have a record of alcoholism and have received treatment are considered disabled for purposes of the ADA.

So whether Thurman and Cox are successful will largely depend on whether they are still currently abusing alcohol or whether they are in rehabilitation mode.  There is also a subsidiary issue about how long you must be off alcohol before being consider to no longer be a current abuser. Some cases requires two months or more and if these NFL Players were recently suspended for failing a test, they might be out of luck.

PS