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  11:43pm ET, 08/21/08
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The Law and You
Alcoholism on the Job

by KYW's Amy Feldman

According to a survey conducted by Ensuring Solutions, the construction industry has the highest number of employees who are problem drinkers.  How does that bridge you’re riding over right now feel?  Sturdy? 

Not surprisingly, employers want to prevent drunk employees from working.  But alcoholism is a disability under the Americans with Disabilities Act and so alcoholics cannot face discrimination on the basis of their status.  So what’s an employer—and a bridge crosser—to do?
 
It is illegal to discriminate against someone because of his status as an alcoholic.  But that doesn’t prevent an employer from disciplining or terminating someone who shows up to work drunk, or who is impaired by alcohol or can’t get to work because of alcohol.  In other words, an alcoholic who violates company policies on tardiness, absenteeism, or substance abuse on the job may—and should—face the same consequences as any other employee who violates the policies.  Employers are best advised to create policies that prevent someone who is impaired from doing shoddy work—and create an environment where someone with a problem will be able to seek help.

 


 
 
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