Can employers make workplace rules regarding alcohol or illegal drug use?
Yes. The ADA does not interfere with employers’ programs to combat the use of drugs and alcohol in the workplace. The Act specifically provides that employers may: (1) prohibit the use of drugs and alcohol in the workplace; (2) require that employees not be under the influence of alcohol or drugs in the workplace; and (3) require that employees who illegally use drugs or alcohol meet the same qualification and performance standards applied to other employees. For example, an employer can require that employees not come to work or return from lunch under the influence of alcohol (or drugs used illegally). An employer could also prohibit an employee from bringing alcohol to work or to work-related functions, or drinking during working hours. Can people who have alcoholism be held to the same standards as their co-workers? Yes. Employees who have alcoholism and do not perform up to the standards required by their employers can be discharged from their employment. Under the ADA the employe
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