Section 188 of the Workforce Investment Act

Alcoholics and Provision of Benefits/Services

Image shows bottles of alcohol.

In the context of provision of benefits and services (as opposed to that of employment), alcoholics (those whose use of alcohol constitutes an impairment that substantially limits one or more of their major life activities) are treated differently by WIA Section 188 than people who are currently using drugs illegally.

Alcoholics - even those who are currently using alcohol - are protected from discrimination in programs and activities that provide benefits or services through the One-Stop delivery system. An otherwise qualified alcoholic cannot lawfully be denied benefits or services because of the alcoholism itself.

However taking adverse action against an individual because of the behavior that the alcoholism causes (i.e. violent behavior) is not considered discriminatory.