Q. What should I do if I suspect an employee is addicted to drugs or alcohol?
A. Employers should let employees come forward with this information. The ADA prohibits employers from regarding an employee as disabled. Making an assumption that the employee has an addiction based on workplace behaviors can result in these claims. Even where the employer believes it is acting in the employee’s best interests, this can be unlawful. For the same reason employers should not require employees to seek treatment as a condition of ongoing employment.