Alcohol, Employees and the Workplace

HR Advisor feature article | September 2007

Alcoholism in the workplace creates a variety of business and legal HR issues. The related costs of increased employee absenteeism, medical benefits usage, workers' compensation claims, and many other concerns can put significant strain on a small to mid-sized business with limited resources.

Moreover, federal and state disability as well as leave laws add to an already complex and sensitive situation. So, what does an employer need to understand to effectively address alcohol in the workplace?

• Protected Disability
  The federal Americans with Disabilities Act (ADA), which applies to employers with 15 or more employees, considers alcoholism to be a protected disability. Generally, an employee must have either a physical or mental impairment to be considered disabled. While the ADA does not define these terms further, the Equal Employment Opportunity Commission (EEOC) does define both impairments. Specific disorders classified as physical or mental impairments include alcoholism, visual or speech impairments, and emotional illness. In turn, employers need to be aware of and be prepared to potentially provide reasonable accommodations.
• Hiring Process Factor
  The EEOC prohibits alcohol-testing in a pre-job offer medical exam. While an employer may ask a job applicant if he or she drinks alcohol (assuming the question is relevant to job performance), the employer cannot inquire if the applicant is an alcoholic. After extending a conditional job offer, however, the employer may ask the individual about past or present alcohol use and thus possibly require testing.
• FMLA Qualifying Event
  An employee may be eligible for a leave of absence under the federal Family Medical Leave Act (FMLA) if he or she has a serious health condition making the employee unable to perform the essential job functions of the position. Having been administered treatment by a health care provider, alcoholics are generally recognized to have a serious health condition according to the FMLA.
• Work Performance Issue
  Under the ADA, an employer should hold an alcoholic employee to essentially the same job performance and behavior standards it establishes for all of its employees. If an employee performs similarly as others in his or her essential job functions, the employer cannot discharge the individual for being an alcoholic. Employers should have clearly communicated job descriptions and workplace behavior standards, as well as alcohol and drug use policies in the Employee Handbook.

Left unchecked, alcoholism in the workplace will disrupt productivity, add unnecessary business costs, and cut into employee morale. On the other hand, creating a healthy environment and enforcing measures conducive to wellness, safety, and high performance will be a very prudent choice. Your role, accountabilities, and actions as an employer all play a crucial influence in protecting the health of your business as well as your employees.