The difficult intersection between the lawful use of impairing drugs and the ADA continues to be sorted out.
Given the circumstances in Williams v. Graphic Packaging, treat the employee the same as you would have treated him or her if the disability didn’t exist.
A woman who is both an attorney and a Type I diabetic advises employers on ADA compliance, especially for employees whose disabilities are not overtly visible.
No hangover should ever require an overnight stay, continuing treatment of three or more days, or a regimen of supervised continuing treatment.
Employers like such policies because they simplify time and attendance issues. But they carry a certain degree of risk.
It’s a lesson that shipping giant UPS paid $2.25 million to learn.
Being under the influence of alcohol at work does not equal a disability, ever.
That ADA accommodation lesson cost an Atlanta distributor of industrial supplies $75,000 to settle an EEOC lawsuit.
Reasonable accommodations are individualized and must be considered on an individual-by-individual basis.
If faced with a disabled employee claiming a substantial limitation in their ability to work, examine the request carefully.