Cleveland is a good city for beer lovers. There are new beer gardens in Ohio City. There are more and more microbreweries popping up throughout Northeast Ohio. Just this past weekend, the World Beer Festival was held in downtown Cleveland. But what happens when employees go overboard on alcohol? Both employers and employees need to understand the intersection of alcoholism in the workplace and the employment laws, particularly those dealing with disability discrimination.
There are obvious reasons why employers cannot tolerate employees being under the influence of alcohol at work. Alcohol can make people prone to violence, impair physical reaction time, and lower inhibitions. These effects create a risk of workplace violence, workplace accidents, and sexual harassment respectively, none of which are particularly good news for anyone. Despite these legitimate concerns, alcoholic employees are, under certain circumstances, entitled to protection from adverse job actions taken on the basis of alcoholism.
When Congress drafted the Americans with Disabilities Act, it was concerned about the serious risks posed by employees who work while intoxicated. On the other hand, the purpose of the ADA is to protect individuals with disabling diseases from discrimination. It is commonly understood in the medical profession that alcoholism is in fact a disease — just like cancer, diabetes, and multiple sclerosis are diseases. In order to strike a balance between these competing interests, Congress put provisions in the ADA that specifically address the use of alcohol (as well as the illegal use of drugs) in the workplace.
The ADA permits employers: to prohibit the use of alcohol at work; to require that employees not be under the influence of alcohol at work; and, importantly, to hold alcoholic employees to the same standards of conduct as other employees, even if any unsatisfactory behavior is related to alcoholism. If, however, an alcoholic employee is no longer using alcohol, and is undergoing or has completed rehabilitation, the employee is entitled to the ADA’s protections. For example, an employer could not fire or refuse to hire an employee who has been sober for a year because the employer fears relapse. This balance is designed to protect workplaces from the dangers posed by inappropriate use of alcohol, and to protect employees from disability discrimination when their disability happens to be alcoholism.
So by all means, visit the Great Lakes Brewery and have a Dortmunder. But do it after work, not before. Lastly, and most importantly, if you or someone you know need help with substance abuse, get it right away.
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