|
HR MATTERS E-TIPS
THIS WEEK'S E-TIP: Interview Questions: Asking about Alcohol Use Q&A
July 3, 2007, Volume 9, No. 27
Published by Personnel Policy Service, Inc.
"Your Policy and Compliance Experts Since 1972"
| |
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
THIS WEEK'S E-TIP: Interview Questions: Asking about Alcohol Use Q&A
Can you ask applicants about their alcohol consumption if they drink at
a
dinner interview? The ADA does not specifically prohibit these
questions, but they can raise some disability issues. Find out a better
approach to this situation. |
|
|
|
^^^^^^^^^^^^^^^^^^^^^^^ Featured Product
^^^^^^^^^^^^^^^^^^^ |
|
|
|
Substance Abuse's Escalating Cost:
How HR Can Spot, React, and Control It
Presented by M. Lee Smith Publishers LLC
Wednesday, July 18, 2007
11:00 a.m. to 12:30 Eastern
Did you know that 1 out of 5 employees aged 18 to 25 abuses
drugs
while on the job? Drugs and alcohol abuse take a big toll on
turnover,
disciplinary problems, and absenteeism. The bill for hangover
related
absenteeism is $148 million annually -- $2000 per working adult!
In just 90 minutes, you'll walk away with:
- A guide for HR and supervisors
to spot problems
- A tool to quantify costs of
alcohol problems & calculate ROI for treatment
- An understanding of the impact
on your health plan
- What to expect from Employee
Assistance Programs (EAP's)
- Proper discipline for addicted
employees
Click to learn more, register, or buy the CD if you can't attend. Or
call
(800) 274-6774. Be sure to mention Conference Code PPSZ. |
|
|
|
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
= = = = = = = |
|
|
THIS WEEK'S E-TIP: Interview Questions: Asking about Alcohol
Use Q&A
Q: We recently took a candidate out for an interview
dinner, and the
potential employee drank six beers over the course of the
dinner. Can
we address the alcohol consumption and ask if alcohol is a
problem for
him? The candidate has received wonderful references from
various
sources, but we are concerned by what we observed.
A: Although the Americans with Disabilities Act (ADA)
does not normally
protect against the mere asking about alcohol consumption, a
direct
question inquiring if he has a problem with alcohol could be
prohibited.
The ADA does not allow employers to ask
applicants any questions
about the existence, nature, or severity of a disability; and
alcoholism
can be considered a disability under the ADA.
Most likely you do not intend to ask him if he is an alcoholic
(and the fact
that he drank six beers at dinner, by itself, does not support
that
conclusion). However, any questions you do ask about alcohol use
could be interpreted as an attempt to determine whether he has a
disability, particularly if you ask if alcohol is a problem.
Further, the
questions could be used as evidence to show that you regard him
as
disabled under the ADA. This posture could lead to potential ADA
claims
if you do not hire him.
In addition, these questions could raise state law protections.
A few
states, including Colorado, Illinois, and Wisconsin,
specifically prohibit
employers from taking any adverse employment action (such as not
hiring someone) based on their legal off-duty conduct. So, if
you are in
those states and ask about off-duty drinking and then do not
hire the
individual, it could be presumed that you are discriminating
based on the
off-duty alcohol use.
Accordingly, it is more prudent not to discuss alcohol use other
than to
explain your
policies about alcohol (and drug) use on the job. A
better
approach is to focus on his abilities, check into his work
history and
references, and then make any final decisions based on these
factors.
Of course, you can always consider your impressions from the
dinner,
including the fact that your hiring managers considered the
drinking of six
beers to be
inappropriate behavior at a business function.
Clearly, the
episode raises questions about the candidate's judgment and
ability to
interact appropriately with potential colleagues.
The key point to this approach is that you are not questioning
his alcohol
use on his private time, or whether he has a problem with
alcohol.
Instead, you are looking at his behavior during the job
interview, just as
you might be concerned about a person with poor manners or who
spoke
too loudly. |
|
|
|
^^^^^^^^^^^^^^^^^^^^^ From Your HR Matters E-Tips Editors
^^^^^^^^^^^^^^^^^^^^^ |
|
Personnel Policy Manual Service
Policy Writing – HR Best
Practices – Legal Compliance Support
The most comprehensive HR policy documentation and
support system
available anywhere
Click
here to learn more or try the Personnel Policy Manual Service
See
what others
say about the Service ... |
Request
a free trial now |
|
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ |
|
|
Subscribers to the
Personnel Policy Manual and HR Policy Answers on
CD can find more information on alcohol use and the ADA in Drugs,
Narcotics, and Alcohol, Chapter 809, notes 15 and 16. For more
information about applicants and medical inquiries, see
Medical
Procedures, Chapter 203, note 10.
Not a subscriber? If you would like to order one of our policy
chapters,
go to:
http://www.hrpolicyanswers.com.
If you have any questions, please call us at 1-800-437-3735. We'll
be
happy to help you. |
|
|
|
^^^^^^^^^^^^^^^^^^^^^^^^ HR Policy & Compliance Resources ^^^^^^^^^^^^^^^^ |
|
|
|
Buy and download individual HR Policies for immediate
use in your
organization. Get complete policy development kits: Model Policy
language, Management Rationale background information, and
References for Legal Counsel documentation.
|
YOU CAN TRUST PPS
Information provided in HR Matters E-Tips is researched and reviewed
by the HR experts at Personnel Policy Service as well as employment
law attorneys. However, it is not intended as legal advice. Readers are
encouraged to seek appropriate legal or other professional advice.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Interested in using an article from HR Matters E-Tips on your Web site or
in a newsletter?
Please contact Robin Thomas, Managing Editor of Personnel Policy
Service, Inc., to request permission. You can contact her by email at
editor@ppspublishers.com or by
telephone at 1-800-437-3735.
Please note that the information in every issue of HR Matters E-Tips is
the original, copyrighted work of Personnel Policy Service, Inc., and is
protected under U.S. copyright laws. As such, you may not reprint or
publish in any format any article or portion of article from HR Matters E-
Tips without the express permission of Personnel Policy Service, Inc.
Remember, too, we encourage you to pass along any issue of the E-Tips
by forwarding it to friends and colleagues.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
A note to advertisers:
Do you want to reach the human resources market?
Your message can be seen by over 55,000 HR professionals when you
sponsor an issue of HR Matters E-Tips.
Contact Elise Whitman at
ezine@ppspublishers.com
or call toll-free 1-800-437-3735.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
HR Matters E-Tips is a f-r-e-e service of Personnel Policy Service, Inc.
To subscribe, go to:
http://www.ppspublishers.com/ezsignup.htm
© 2007 Personnel Policy Service, Inc. All Rights Reserved.
HR Matters is a registered trademark of:
Personnel Policy Service, Inc.
159 St. Matthews Ave., Suite 5, Louisville, KY 40207
Tel: 1-800-437-3735 - Fax: 1-800-755-7011
www.ppspublishers.com -
www.instanthrpolicies.com
-
www.hrpolicyanswers.com -
www.personnelpolicyservice.com/hrforum
CONTACT US: ezine@ppspublishers.com
FORWARD THIS ISSUE: We invite you to forward HR Matters E-Tips to
a colleague or friend. |
Personnel
Policy Service, Inc.
Human Resources
Policies, Company Manuals, Newsletters, HR Policies, Training, & Articles
