![]() ![]() To avoid potential lawsuits and liability, you should establish a workplace policy on alcohol use that addresses when and where it is permitted or prohibited. ![]() The only requirement is that the employee suffering from alcoholism or illegal drug use needs to be treated similarly as other employees who have or are engaging in the same unacceptable behavior. Thus, appropriately drafted policies on absenteeism, tardiness, on-the-job accidents, insubordination, and other forms of misconduct will apply even if the behavior is related to the employee’s alcoholism or illegal use of drugs. The ADA makes it clear that you can require an employee who suffers from alcoholism or engages in the illegal use of drugs to meet the same standards of performance and behavior as other employees. You are not required, however, to accommodate an employee’s intoxication or the adverse effects of excessive alcohol use. The accommodations could include leave or an altered schedule to attend alcohol treatment programs. If a qualified individual suffering from alcoholism can show that it substantially limits a major life activity, it qualifies as a disability, and the employer must determine whether a reasonable accommodation is needed to enable the employee to perform the essential job functions. ![]() Thus, the employee must show that the alcoholism meets the definition of disability under the ADA. While an employee may have a history of alcoholism or suffer from the affliction, it doesn’t necessarily “substantially limit” a major life activity and may not qualify as a disability. It also includes the operation of a major bodily function. “Disability” is defined as a “physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such impairment.” The definition would cover activities such as caring for yourself, performing manual tasks, seeing, hearing, sleeping, walking, communicating, thinking, and working. Under the ADA, qualified employees are protected from discrimination if they are disabled, have a “record” of being disabled, are “regarded” as being disabled by the employer, or are “known to have a relationship or association” with another person who has a disability. ![]()
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