Is it legal to require a recovering alcoholic to sign a form that if they drink at company event’s, they will be terminated?

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Is it legal to require a recovering alcoholic to sign a form that if they drink at company event’s, they will be terminated?

I battled with alcoholism for many
years, and I have been in recovery for
three plus years. As a requirement for
my employment, I was to sign a letter
stating that if I consumed alcohol, I
would be terminated. Alcohol is at most
offsite Company events, and as far as I
know, no other employees were required
such a letter. They learned of my
alcoholism through the pre-employment
criminal background screening.

Asked on August 15, 2016 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, it is not legal to single you out for this treatment because of your alcoholism: since alcoholism is a "disability" for employment law purposes, the law prohibits the employer from discriminating against (or singling you out) on this basis. They can't make only you sign this, or fire only you for drinking at a company event. If they do, you may well have an employment discrimination claim, and should contact the federal EEOC.
What they can legally do is:
1) Ban alcohol at company events--since that effects everyone (no discrimination); and/or 
2) Tell ALL employees that if they are or get drunk at a company event or in the workplace and are as a result are insubordinate or act in a dangerous or embarrasing to the company fashion, they will be fired--this would be taking action based on employee *conduct* (being drunk and acting out), not just having a condition, and it is legal to take employment action based on conduct, even if a medical condition contributed to the conduct.


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