McEniry v. Landi, 84 N.Y.2d 554 (1994)
An employee cannot be terminated for past misconduct related to alcoholism if they have successfully completed a rehabilitation program and are performing their job satisfactorily at the time of termination.
Summary
McEniry, a county employee, was terminated for chronic absenteeism stemming from his alcoholism. He argued this violated the New York State Human Rights Law, which prohibits discrimination based on disability. The Court of Appeals held that terminating McEniry based on pre-rehabilitation conduct was discriminatory because he was performing his job satisfactorily after completing a rehabilitation program. The court emphasized that the relevant inquiry is the employee’s ability to perform the job at the time of termination, not their past conduct. This case highlights the importance of considering an employee’s rehabilitation efforts when making employment decisions and prevents employers from using past issues as justification for termination when an employee has demonstrated recovery.
Facts
William McEniry, an employee of the Westchester County Department of Environmental Facilities (DEF), had a history of alcohol dependency. In 1990, he sought help from the Employee Assistance Program (EAP) and underwent a rehabilitation program. Prior to seeking help, DEF charged McEniry with numerous specifications of misconduct for absenteeism and lateness between 1989 and 1990. After completing the program, he returned to work, and his overall job performance was rated satisfactory. However, DEF terminated his employment based on the prior misconduct charges.
Procedural History
DEF’s Commissioner adopted the Hearing Officer’s findings of fact but changed the recommendation from suspension to termination. McEniry filed an Article 78 proceeding seeking annulment of the determination and reinstatement. The Appellate Division confirmed the determination, finding no clear connection between McEniry’s attendance abuses and his alcoholism and ruling the State Human Rights Law would not bar dismissal if a disability prevents performance. The New York Court of Appeals reversed the Appellate Division’s decision.
Issue(s)
Whether an employee can be lawfully terminated for misconduct related to alcoholism that occurred prior to the employee’s successful completion of a rehabilitation program, when the employee is performing their job satisfactorily at the time of termination.
Holding
No, because the New York State Human Rights Law prohibits discrimination based on disability, and terminating an employee for past alcohol-related misconduct after they have successfully completed rehabilitation and are performing their job satisfactorily constitutes such discrimination.
Court’s Reasoning
The Court of Appeals reasoned that alcoholism is a recognized disability under the Human Rights Law. McEniry established a prima facie case of discrimination by demonstrating that his alcoholism caused the behavior for which he was terminated. The burden then shifted to DEF to prove that McEniry’s alcoholism prevented him from performing his job duties. The Court emphasized that the relevant inquiry is McEniry’s status at the time of termination. Evidence showed that McEniry was recovering and performing his job satisfactorily, with a supervisor noting that “encouragement may be the answer” and suggesting “giving him a chance and a clean slate is all the incentive he needs.” The court rejected DEF’s argument that prior absenteeism justified the termination, stating that it would defeat the purpose of the Human Rights Law to allow employers to use past alcohol abuse problems as grounds for termination when an employee has overcome them. The court noted, “Where, as here, the employee enters a rehabilitation program and then performs his job in a satisfactory manner, and does so without relapse, he should not be fired for prerehabilitation alcohol-related absenteeism.” The court remanded the case for reinstatement and back pay.