I am a truck driver. I am currently going through a divorce. I told my supervisor, in confidence, that I was attending Alcoholics Anonymous meetings because my drinking had been one of the problems leading to my divorce. About 2 hrs later I was informed that I would not be allowed to drive because of what I had said. I have not been fired but suspended basically with out pay. Is this legal? I have had no problems at work due to alcohol and have a spotless driving record and have always been on time and performed my job. My supervisor has always considered me one of the top employees.

How many employees does your place have?

it is a national company, approx. 5000 drivers alone. I work for a dedicated division in Denver.

Yes it may well likely be a wrongful termination under the A.D.A.
JoeC

Yeah I haven't technically been 'fired' just told I couldn't do my job. Some one is suppossed to do an 'assessment' to determine if/when I could return to work. Which is BS cause Iam already voluntarily being treated. Meanwhile I am not being paid.

It certainly makes sense to me that a company would not knowingly want a driver with a drinking problem on the road until they can determine it is safe. AA is not medical treatment.

AA has a better success rate than 'medical treatments'. It is unfair of my employer to act this way. I have never had any performance issues. There is another driver who is on prescriptions for mental illness and it is a joke around the office that this person is 'fine as long as he is taking his meds'. He is prone to deep depression and/or violent episodes but has never been removed from driving. I know there are DOT regs that relate to 'a clinical diagnosis of alcoholism' being a medically disqualification but there are exemptions to that. I never been 'clinically diagnosed' as an alcoholic I merely made a voluntary statement.

There are federal regs that prohibit your employer from allowing you to drive if you disclose alcohol abuse. They do not have to wait until you actually drive under the influence. In fact, your employer faces major liability if they let you drive after disclosing you are treating for alcohol abuse. The "Assessment" is what they are supposed to do by law. Your employer is doing what they have to do by law, so no, there is no recourse. It's nice and all that you are going to AA but that does not mean your employer can ignore their obligations.