DRINKING ON THE JOB LAWS CRACK
However, those employers who maintain a lax attitude about certain rules but then crack down when an alcoholic worker breaks those rules will face ADA liability.Ģ. In Guidance addressing how employers should apply performance and conduct standards to disabled employees, the EEOC points that employers who consistently enforce their rules can do so even if an alcoholic employee claims that the reason for the rules violation was the result of drinking. Even the decidedly pro-employee Equal Employment Opportunity Commission (EEOC) recognizes that poor job performance or unsatisfactory behavior – such as absenteeism, tardiness, insubordination, or on-the-job accidents – related to an employee’s alcoholism need not be tolerated if similar performance or conduct would not be acceptable for other employees. The statute makes clear that you can draw a line in the sand when it comes to employee conduct in the face of alcohol abuse. The ADA specifically says that you can hold alcoholics to the same performance and conduct standards as all other employees.
Here are the five things you need to know about employee alcohol abuse:ġ. The good news is that there are some bright line rules for you to follow in order to make sure you stay out of hot water in a situation involving employee alcohol use. In other words, if you fire someone because you know or suspect they are an alcoholic, you could be walking yourself into an ADA claim. That’s because the federal Americans with Disabilities Act (ADA) and many similar state statutes consider alcoholism to be a protected disability. What should you do if you believe one of your employees is under the influence at work? It may come as a surprise that you do not have the unfettered right to treat employees with alcohol problems in any manner you see fit.
This article presents the five things you need to know in order to navigate this problem.Īlcohol Use By Employees: Where Can You Draw The Line? His termination can teach a lesson to any employer who wonders how it should handle the sometimes-touchy situation involving possible alcohol abuse by an employee. Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several team events.
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