Another tale of hostile work environment

hudson510

We have a supervisor/manager who is directly responsible for an employee that she shares an office with. However, this supervisor/manager routinely comes into work "under the influence." It is commonly known around the office and several people have commented on how she looks as well as smelling it on her. The Management of the company is aware as well. They have talked to her several times and have even requested that she seek counseling. We are concerned, however, that the employee she supervises as well as shares an office with can hold the company accountable for not dealing with the problem and bring a hostile work environment claim. Obviously, any other employee would be dealt with differently if they were to come to work in that "condition." This also presents a problem to the Management if they fail to handle this situation properly. Please help with any suggestions. Thanks.

Don D

>"Obviously, any other employee would be dealt with differently if they
>were to come to work in that "condition."


Why do you say that? What's going on here?

Balloonman

Does no one at the company have the "backbone" (I went polite there) to deal with the issue? Next time she comes in "under the influence" that can be witnessed and documented by two memebers of management express your concern, and take her to your clinic for a drug & alcohol test. Assuming you have a drug and alcohol policy, follow it.
She will eventually get you sued..............and you will regret not addressing the issue.
My $0.02 worth.
DJ The Balloonman

Theresa Gegen TX

For a hostile work environment, bad things have to be done to an employee. It is not a hostile work environment because another person appears drunk/under the influence. That person has to be doing something bad, and I mean really bad, to the employee. For example, cussing the employee out, making sexist comments or racist jokes, etc. Also, the hostility has to be based on a protected category (Like race, gender, age, disability).

Nothing in your facts raises a claim of hostile working environment.

But if an employee of a different race/age/gender/etc. were to come in under the influence, and get fired immediately, your company might face a discrimination claim.

Good Luck!

LindaS

It doesn't sound like there is a "hostile work environment" but there is definitely a problem. Do you have a Substance Abuse Policy in place? At my company we do and we also have a "Fitness For Duty" clause in this policy. This clause clearly states that if an employee appears to report for work, or during their shift, under the influence of alcohol or drugs, they are immediately taken to the local clinic for an alcohol and drug screen. They are then taken home (they will not be allowed to drive) for the remainder of the day. It typically takes about 1-2 hours for the results of the test and if it comes back positive, they are immediately referred to our EAP for assessment. At that point they must follow any and all recommendations of the EAP counselor to continue employment with the company and be subjected to random testing for a period of one year.

Employees are made aware of this policy immediately upon hire and other employees have NO problem reporting when they feel another employee may be "under the influence". We have strict adherence to this policy and have had several individuals who have been put through this course of action.

Good luck!

Nick Ogden

It sounds like you could use a "reasonable suspicion" policy. If the indivudual acts in an unusual manner that can be documnented and witnessed by more than one party; take her in for a drug/alcohol test. If it proves positive, boy would that be likely?, then offer her EAP or terminate her if it continues. The individual is injurious to the company, likely to make a poor business decision, hurt someone, or hurt themselves (while at work). Don't you have an "employment at will" work environment? You have every reason to get rid of her if it continues. Get some backbone and do the right thing.