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ARTICLE · 06 AUGUST 2019

Does Asking About Employee's Alcohol Use Violate The ADA?

Ogletree, Deakins, Nash, Smoak & Stewart
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The employer had a policy prohibiting employees from using corporate credit cards for personal purchases and providing inaccurate expense reports.

United StatesEmployment and HR

In Lansdale v. UPS Supply Chain Solutions, Inc., No. 16-4106 (July 23, 2019), the United States District Court for the District of Minnesota concluded that a jury had sufficient evidence to find that an employer's discharge of an employee for suspected corporate credit card abuse following an investigation in which the employee was asked about his alcohol use and drinking habits did not constitute disability discrimination in violation of the Americans with Disabilities Act (ADA) or corresponding state law.

Background

The employer had a policy prohibiting employees from using corporate credit cards for personal purchases and providing inaccurate expense reports. Following an audit that revealed discrepancies between the employee's corporate credit card expenses and expense reports, the employer conducted an investigation. During the investigation, the employer interviewed the employee, who indicated that he had used his corporate card for personal charges in order

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