drug rehab protection under ADA

System

We have an employee that we think is taking methadone as part of a drug rehab program. She "nods off" fairly regulary however she still manages to perform her job duties to an acceptable level. We asked her about this "nodding off" problem months ago and she brought us documentation from a doctor stating that she takes a prescribed medication that may make her drowsy during the work day. She works a phone job so she is not in any danger because of this problem. My problem is that other employees are commenting on the fact that she seems to be falling asleep and they don't think it's right etc. Since we already have documentation from her doctor explaining why she is like this is there any other avenue we can or should explore or would she be protected under ADA? Can we ask what the medication she is taking is and what it's for in order to determine if she is protected under the ADA? Any feedback would be greatly appreciated.

Margaret Morford

I would not ask what the medicine is or what it's for as that's a direct violation of ADA. However, I would tell the employee that you expect her to be awake at all times during her work hours and suggest that she go back to her doctor and have her medicine either adjusted or changed so that she doesn't fall asleep at work.

You also might want to make sure that under the work rules in your employee hand book it says something like, "All employees are expected to be at their work station and awake during all work hours."

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

HRQ

"All employees are expected to be at their work station and awake during all work hours."

I understand the appropriateness of this, but I had to comment...

At one point, we considered adding a policy to the manual reminding employees that they must breathe in and breathe out all day, every day. We reached that point where we felt we were writing policies for every conceivable issue under the sun: breathing, wakefulness, wearing shoes, etc.

sonny

I agree with Margaret. What you "think" is just that and not a fact. .You may be percieving her as disabled.

Don D

I would also be careful that I (HR Mgr) am not perceived as one who reacts to the whims and rumors of the 'peanut galary'. People who have time to watch her nod off must not have enough to do. Two comments from one 'peanut' and I believe direct counseling is in order, for the complainer. Very direct. None of this, "Well....I've listened to your concerns, and what I think I hear you saying is..." My approach is more like, "Look Mary, is this all in the world you have to do? I don't expect another comment like this from you."