Q&A

Is it illegal for an employee to drink at work?

Is it illegal for an employee to drink at work?

According to the U.S. Equal Employment Opportunity Commission, an alcoholic is a person with a disability and is protected by the Americans with Disabilities Act (ADA) if he or she is qualified to perform the essential functions of a job. In such instances, an employer may be required to provide an accommodation to the individual.

What happens if you catch an employee using alcohol at work?

If you catch an employee actually using alcohol at work, you can deal with it through your company’s standard disciplinary procedures. Depending on the circumstances and on your company’s policies, the punishment can range from an oral reminder to immediate termination.

Is it okay to drink alcohol at a job interview?

Include alcohol usage guidance in your company code of conduct. For instance, it should never be okay for employees and applicants to drink alcohol during a job interview. Drinking at lunch job interviews should also be discouraged. You need to assess the applicant’s fit with your organization without the influence of alcohol.

What happens if you drink and use drugs at work?

Employees who abuse drugs and alcohol can also make a workplace more volatile and more dangerous, and they can expose employers to legal liability. Alcohol Use at Work Your company’s employee handbook (or its verbally announced workplace policies) should state that drinking on the job is not allowed.

Do you have to tolerate drinking on the job?

Employers not Required to Tolerate Drinking on the Job Although employers are expected to provide reasonable accommodation to individuals with disabilities, nothing in the ADA requires an employer to tolerate drinking or drug use on the job, or an employee who comes to work under the influence of drugs or alcohol.

What to do if an employee has a drinking problem?

Specifically, you must make “reasonable” accommodations for the employee, such as giving them time off to go to rehab if: 1. They make you aware they have a drinking problem. 2. They must ask for an opportunity to try to remedy it. 3. They can prove that their drinking problem makes it impossible to do their job.

According to the U.S. Equal Employment Opportunity Commission, an alcoholic is a person with a disability and is protected by the Americans with Disabilities Act (ADA) if he or she is qualified to perform the essential functions of a job. In such instances, an employer may be required to provide an accommodation to the individual.

Employees who abuse drugs and alcohol can also make a workplace more volatile and more dangerous, and they can expose employers to legal liability. Alcohol Use at Work Your company’s employee handbook (or its verbally announced workplace policies) should state that drinking on the job is not allowed.