Sarkisian Sues USC Over Termination
Former University of Southern California head football coach Steve Sarkisian was fired on October 12, 2015, on the heels of being instructed to take a leave of absence. Allegations of substance abuse followed Sarkisian from Washington, where he had coached for five seasons, and he appeared to be drunk at a booster event in August and even while coaching the Trojans during the September 26 game against Arizona State.
On December 7, Sarkisian filed a wrongful termination lawsuit against USC, seeking his job back and $30 million in damages. Sarkisian alleges that USC discriminated against him on the basis of disability and breached their contract with him. While alcoholism is a recognized disability under the law, a state of intoxication while performing a job is not protected. USC will likely assert that Sarkisian was fired for cause because he was unable to perform the essential functions of the job. If successful, USC will avoid paying out $11.25 million under the liquidated damages clause. Additionally, general counsel for the University has publicly stated that Sarkisian “repeatedly denied to university officials that he had a problem with alcohol, never asked for time off to get help and resisted university efforts to provide him with help. The university made clear in writing that further incidents would result in termination, as it did.” The ADA and most corresponding state laws require that an employer make reasonable accommodations for an employee with a disability upon request. However, if the disability is not acknowledged during employment and no accommodation is requested, how can an employer be liable for not granting one?
While a settlement is the most likely outcome here, the case does raise interesting questions of how substance abuse as a disability can impact the essential functions of a job as a matter of employment law, or even how it may impact a morals clause that is likely to appear in endorsement or high level entertainment and athletic contracts.
Additional coverage found at:
http://www.si.com/college-football/2015/12/07/steve-sarkisian-usc-trojans-lawsuit-coach
http://www.ocregister.com/articles/sarkisian-695362-haden-usc.html
http://espn.go.com/college-football/story/_/id/14313181/steve-sarkisian-files-wrongful-termination-lawsuit-usc-trojans