ADA protects employee seeking alcohol rehabilitation

Q         We have an employee who definitely showed signs of being on drugs or alcohol at work. We want to let him go per our handbook policies, but he has now stated he is getting help for his problem. Is he protected since he is going to seek help, or can we fire him because he broke company policy?

A   The Americans with Disabilities Act (ADA) provides that individuals who are satisfactorily participating in or have successfully completed rehabilitation for alcohol abuse aren’t excluded from the Act. Because several courts have ruled such individuals are entitled to protection under the ADA, we wouldn’t advise terminating him. You should be advised, however, that such protections don’t currently extend to individuals engaged in illicit drug use.

Q         We have an employee who felt dizzy and numb at work, so we called EMS. They took his vitals (which were fine) and suggested he go to the ER to get checked out. He refused to go. Although we can't force him to get checked out, we don't want him driving our company vehicle either. What are our options?

A   In some limited circumstances, the ADA allows employers to assess a current employee’s fitness for duty through a medical examination, so long as the fitness-for-duty test is job-related and consistent with business necessity. Because the employee felt dizzy and numb at work and drives a company vehicle, you can require a medical fitness-for-duty test on whether he is able to safely perform his duties without violating the ADA’s perceived disability protection.