![]() ![]() If you don’ t have one in place, it probably isn’t too late to execute a policy for all employees (dependent on your facts). It would be even better to have a written alcohol policy which every employee signs. The law clearly allows you to have an alcohol policy in place if it is enforced uniformly for all employees. There’s an easy solution to the fact pattern I just told you about. The ADA doesn’t mean you have to allow the alcoholic to drink on the job far from it. Under the ADA, you might face a potential suit because you have treated the perceived alcoholic differently and given them a more severe punishment than the non-alcoholic. The second employee is not suspected to be an alcoholic and they are simply reprimanded. Under these facts, the first employee is a suspected alcoholic and they are fired immediately after the incident (“Joe has a drinking problem!”). Let’s assume that two employees are caught drinking on the job. Assuming it does, this means that you cannot treat an alcoholic differently than others on the job or you might face litigation. You will first want to make sure the ADA applies to you. This means they are now a protected group under the ADA. The Americans with Disabilities Act (ADA) now defines an alcoholic as a person with a disability. ![]() I believe it is important to have a written alcohol and drug policy in place for any job. Rather, it is important for employers to consider the ramifications of allowing employees to do so. My intention is not to comment on the propriety of drinking on the job. As a side note, those who use illegal drugs have very little protection under the law. The law recognizes this and treats illegal drug consumption very differently from alcohol use on the work site. There might be instances where an employer is permitting employees to drink casually on the job. For example, someone who works in a local brewery or catering business. However, there are many jobs where alcohol consumption might be commonplace from time to time. At least, I’ve never counseled anyone who wanted to discuss this with me. Obviously, the overwhelming majority of employers are not going to allow their employees to actively use illegal drugs while in the workplace. When I counsel employers, I always ask them what their feelings are towards drugs and alcohol. Concern over employees drinking on the job is actually a common concern that I hear about. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |