Lawsuit: Alcoholism a disability

The Gloucester County Times reports (1 May 2005) that John Reifsneider of Pitman, New Jersey, has filed suit against the Franklin Township Department of Public Works, where he was a sanitation worker until November. As a sanitation worker, part of Reifsneider's responsibilities included driving a trash truck. However, earlier that year, Reifsneider lost his license -- for the second time -- due to drinking and driving. This had happened before, in 2002, but he was able to get it back soon enough so that he kept his job with the township. This time, that was not the case.

According to Reifsneider's complaint, filed by attorney Kevin Costello, Reifsneider's license would not be reissued in time to meet the township's policy. The complaint alleges that Reifsneider approached Larry Spellman, the township administrator, and asked that he be put on non-driving sanitation duty until he got his license back, and adds that "driving was a more attractive shift option because it required less manual labor." Spellman denied Reifsneider's request, allegedly with "no legal or factual reason compelling that denial."

The complaint claims that Reifsneider is an alcoholic, and that Spellman was aware of this. It argues that alcoholism is a disability covered under the New Jersey Law Against Discrimination and so the township should "reasonably accommodate alcoholism and its foreseeable consequences, namely, the temporary suspension or loss of a driver's license."

According to the complaint, Reifsneider suffered loss of wages, upset, embarrassment, anger and humiliation because of the township's actions. It demands that he receive remuneration for non-economic compensatory and punitive damages, be paid for the wages he lost since his dismissal, and either receive "front pay" or be returned to his former position. In addition, it requests attorney's fees, interest, and that the township alter its policy to accommodate anyone else in Reifsneider's situation.