Question: Ben, a plumber's assistant was employed by Acme Plumbing. Ben was arrested by the police when he refused to take a breath analyzer test after

Ben, a plumber's assistant was employed by Acme Plumbing. Ben was arrested by the police when he refused to take a breath analyzer test after being stopped for driving his car in an erratic manner. After Ben pleaded guilty to being under the influence of alcohol, he lost his driver's license and his job. He sued Acme, alleging he had been discharged on the basis of his disability--alcoholism. Acme filed a motion for judgment as a matter of law based upon these facts. Who should prevail and why?

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