hospitality industry law

Alex Bustamante is applying for the position of executive chef at the hospital where you serve as director of human resources. The hospital has more than 800 beds, and the meal service offered to patients and visitors alike is extensive. Patients in this facility are extremely ill, and because of their weakened condition, dietary concerns are an important consideration.

While reviewing Mr. Bustamante’s work history with him during an interview, he states that he was let go from his two previous positions for “excessive absence.” When you inquire as to the cause of his excessive absence, Mr. Bustamante offers that it was due to the effects of alcoholism, a condition with which he has struggled for over 10 years but for which he is currently undergoing weekend treatment and attending meetings of Alcoholics Anonymous (AA). He states that he never drank while at work but sometimes missed work because he overslept or was too hung over to go in. His past employers will neither confirm nor deny Mr. Bustamante’s problem. Both simply state that he had worked for them as an executive chef and that he was no longer employed by their organizations.

Based on his education and experience, Mr. Bustamante is clearly the best-qualified candidate for the vacant executive chef’s position. However, based on his life history, including his ability to overcome his dependence on alcohol is, in your opinion, clearly questionable. Your recommendation on Mr. Bustamante’s hiring will likely be accepted by the manager of dietary services.

1. Have you broken the law by inquiring into Mr. Bustamante’s excessive absences in his prior positions?
2. Is Mr. Bustamante protected under the ADA?
3. If Mr. Bustamante were hired but needed three days off per week to undergo treatment, would you grant that accommodation? Under what circumstances?
4. How do the rights of Mr. Bustamante and the concept of negligent hiring mesh in this instance?