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ARTICLE · 08 DECEMBER 2015

Employees Under The Influence: Disabled But Not Unfireable [UPDATED WITH NEW DEVELOPMENTS]

Fox Rothschild LLP
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Update: Back in October, we brought you the story of Former USC Football Coach Steve Sarkisian and how the USC Administration handled alleged instances of Sarkisian drinking on the job.

United StatesEmployment and HR

Update:  Back in October, we brought you the story of Former USC Football Coach Steve Sarkisian and how the USC Administration handled alleged instances of Sarkisian drinking on the job.  Sarkisian has filed suit in California State Court, claiming that, inter alia, he was terminated on the basis of his disability (alcoholism).  He further alleges that USC failed to engage in the interactive process.  Notice that in his complaint, Sarkisian denies being inebriated, as his attorneys similarly recognize the need to separate the condition from the conduct.  You can view the Complaint here.

This week, the University of Southern California terminated Steve Sarkisian, their head football coach.  The firing came after a cavalcade of headlines that Sarkisian, essentially the CEO of a multi-million dollar enterprise, was increasingly showing up at practices, team functions, and even games allegedly under the influence of alcohol.  The move came one day after Sarkisian took

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