As the holiday season approaches, many employees may face additional stressors that could lead to unhealthy coping mechanisms, including drug and alcohol use. As an employer, you may be concerned about how to handle situations where you suspect an employee is under the influence of drugs or alcohol during work hours. This concern is understandable, but it is essential to know that your approach should be grounded in the law.

First, it’s important to recognize that the Americans with Disabilities Act (ADA) does not automatically protect all employees who are struggling with substance use. Specifically, employees who are currently engaging in illegal drug use are not protected by the ADA. Therefore, if you have reason to believe that an employee is using illegal drugs at work, you can take action, including disciplinary measures such as termination, without worrying about legal violations.

The Equal Employment Opportunity Commission (EEOC) has clarified that the ADA does not prohibit drug testing, nor does it restrict employers from making employment decisions based on verifiable drug test results. Drug tests for illegal substances are not considered medical examinations under the ADA, so you do not need to prove that the test is job-related or necessary for business purposes. Employers are free to conduct drug testing on applicants or employees and take appropriate action if the results are positive for illegal substances. It’s recommended that your employment policies jive with your actions so everyone understands consequences and rights.

That said, it’s important to handle these situations with care. If you notice an employee showing signs of impairment due to drugs or alcohol, be sure to approach the issue professionally and with respect for the individual. Offering support or directing employees to resources for assistance with addiction can help foster a supportive workplace culture.

If you're unsure about how to proceed with a particular situation or need guidance specific to your business, don’t hesitate to consult with an employment lawyer. The team at RKW Law Group is here to assist you in navigating these sensitive matters and ensuring compliance with the law.

Remember: you have the right to protect your business while also showing compassion for the health and well-being of your employees. Happy Holidays!

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