I am a director with about 130 direct reports. I have been with company 7 years. I have been sober for almost 8. An employee got mad at me so went to my boss and said I had relapsed. Without questioning me first, my boss asked everyone in my office what they thought. Turns out, no basis because I’ve exhibited no signs and no performance issues. Was it okay for her to do that?
Rita Risser Chai responds:
It depends on what exactly the boss asked. The Americans with Disabilities Act prohibits discrimination against people with alcoholism, but it allows employers to prohibit the use of alcohol at work and to ensure that performance is not affected by alcohol off the job, for example if the person is impaired or hungover. If your boss asked everyone if they had seen you drunk at work, or if your performance was impaired, that’s allowed. If your boss asked them if you are an alcoholic, maybe not. If your boss knew you were in recovery, but no one else did, and she revealed that to them, that could be a violation. You may want to contact the Equal Employment Opportunity Commission or an attorney. Good luck.
Posted 04-25-2021
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
