Lou Michels and Rod Satterwhite are partners in the Labor & Employment group at McGuireWoods LLP. Both handle employment litigation on behalf of employers, and advise companies on employment issues regularly.

Thursday, January 19, 2006 - Posts

Drink Up - It's Time for Work!

Do you ever wonder what prompts people to do completely absurd things at work?  I always assumed it was because I work in a building full of lawyers, but apparently there is another explanation.

A recent study funded by the National Institute on Alcohol Abuse and Alcoholism reports that 15 percent of the U.S. workforce has either been hung over, been drinking shortly before showing up at work, or been drinking or impaired at work at least once during the previous year.

To place this in perspective, that figure translates into roughly 19.2 million workers! The study asked 2,085 adults (and lawyers) in the contiguous 48 states and the District of Columbia how often during the previous year they drank alcohol within two hours of reporting to work, how often they drank during the work day, how often they worked under the influence (for those who could remember), or how often they worked with a hangover. Researchers interviewed respondents from January 2002 to June 2003 and according to the institute, the sample was chosen to reflect a microcosm of the U.S. workforce (and lawyers).

Surprisingly, the study reports that young, unmarried men (and lawyers) are the most likely to show up at work drunk or hung over. The study data also suggests that workers with certain job types and certain work hours report higher percentages of on-the-job impairment. The highest rates were found in management occupations, law, sales, arts/entertainment/sports/media occupations, law, food preparation and serving occupations and building and grounds maintenance jobs (and law). In addition, the study indicated that evening and night-shift workers and those working nonstandard shifts involving irregular or flexible hours were more likely to report drinking before or during work than day-shift workers.

And don't forget, the survey only reflects those people who admitted being mildly toasted before, during or after punching the clock.  The real number is likely much higher.

In all seriousness, this is a huge issue for employers.  Although you can generally discipline employees for behavior induced by alcohol consumption (like dancing on tables in the lunch room or other real life examples too numerous to list), recovering alcoholics can be protected under the Americans with Disabilities Act.  Employers should review their policies and practices to insure they strike a proper balance between discipline and accommodation, and should consult with their counsel if they have questions.  But not on Mondays or Fridays.