Wednesday, September 4, 2024

Meteorologist fired for 'sharing recovery journey publicly' raises issues of disability discrimination


"Thank you for going on this journey with me despite the yucky medical stuff I have going on. I'm happy to announce I am 9 months sober!"

That's what local television meteorologist and personality Hollie Strano wrote on her personal Instagram last month. Eleven days later, her employer, WKYC/Tegna, fired her. (The "yucky medical stuff" she referred to is ovarian cancer.)

"I believe the actions of WKYC and Tegna demonstrate the stigma surrounding addiction that so many in our community experience every day," Strano shared after her termination.

I believe this goes beyond stigma; it looks like disability discrimination.

Under the ADA, substance abuse and addiction — including alcoholism — are considered disabilities. It's illegal to terminate someone because of their alcoholism or their history of alcoholism.

Now, let's add some context. Nine months before her firing, Strano was involved in a highly publicized single-car accident. Her blood alcohol level was three times the legal limit. While the ADA protects alcoholism, it does not protect current alcohol use or alcohol-related misconduct.

As the EEOC states: "The ADA specifically provides that employers may require an employee who is an alcoholic … to meet the same standards of performance and behavior as other employees. This means that … unsatisfactory behavior … related to an employee's alcoholism … need not be tolerated."

Even though Strano's accident happened off the clock, as a television personality, it's highly likely that her employment contract includes a morals clause that could justify termination for this kind of misconduct — if her employer hadn't waited nine months to act. That delay raises a serious red flag for discrimination. It's hard to believe that WKYC could credibly argue it fired Strano over an incident nine months prior, especially after allowing her to continue working during that time.

While WKYC has yet to share its side of the story, I'd be surprised if this case doesn't head to litigation — unless there’s a swift and quiet settlement.

Stay tuned. I expect there's a lot more to come on this story.