What if an employee engages in workplace misconduct, but the misconduct is a result of the drug or alcohol addiction?
Most courts have ruled that an employer does not have to allow an employee with a disability to engage in misconduct even if the misconduct is caused by the disability. But an employer should be prepared to show that the policy or rule that the employee violated was job-related and consistent with business necessity. If the rule or policy is job-related and consistent with business necessity, then an employer is under no obligation to allow an employee to engage in misconduct in violation of policy, even if the misconduct is caused by the disability. Be sure to apply conduct rules and policies consistently to every employee. In addition, remember that current users of illegal drugs are not protected under the law. For updated information on this issue, please see the WSHRC guidance on Gambini v. Total Renal Care.
Related Questions
- How is CogState WorkPlace different to drug and alcohol testing when it comes to assessing an employees fitness for duty?
- What if an employee engages in workplace misconduct, but the misconduct is a result of the drug or alcohol addiction?
- How important a role does the family play in the drug or alcohol addiction treatment?
