Work discipline
Can I be disciplined for work performance or behavior problems that are associated with a mental or emotional health or substance misuse problem?
- A supervisor may discipline an employee with a disability related to a mental health problem or substance addiction for engaging in misconduct if they would impose the same discipline on an employee without a disability.
- If disciplinary steps for behavior or poor work performance were initiated prior to the employee disclosing a mental health or substance abuse problem that has a bearing on the problem behavior, the supervisor is entitled to proceed with discipline.
- Being “impaired or under the influence of illicit drugs or alcohol” is a violation of university policy that may result in an employee being removed from the workplace and subject to discipline ranging from a verbal warning to discharge.
Emotional and Mental health and substance addiction
Maintaining satisfactory conduct and performance typically is not a problem for individuals with mental health problems. However, circumstances may arise when such individuals’ behavior or work performance merit discipline.
In general, a supervisor may discipline an employee with a disability related to a mental health problem or substance addiction for engaging in misconduct if they would impose the same discipline on an employee without a disability. For example, mental health problems do not excuse insubordination, angry outbursts, being impaired at work, or unexplained time away from work.
If disciplinary steps for behavior (e.g., excessive lateness or absences) or poor work performance were initiated prior to the employee disclosing a mental health or substance abuse problem that has a bearing on the problem behavior, the supervisor is entitled to proceed with discipline. For this reason, it is a good idea to talk with your supervisor about mental health problems before work performance becomes problematic.
Substance Misuse
The University of Michigan Alcohol and Other Drugs Policy is written to cover not only substance addictions but also substance misuse problems. It specifically refers to “being impaired or under the influence of illicit drugs or alcohol” as a violation of university policy that may result in an employee being removed from the workplace and subject to discipline.
The terms “impaired” and “under the influence” are interpreted by supervisors and HR professionals whose concerns will be triggered by symptoms such as the smell of alcohol, slurred speech, dilated pupils, unsteady gait, inappropriate presentation, etc. Their responses to these signs will vary depending upon severity of the symptoms and the nature of the employee’s position. At a minimum, health professionals and employees covered by D.O.T. regulations or in safety-sensitive positions will be automatically removed from the workplace and referred for further evaluation and possible treatment before returning to work. The decision to remove other employees is left to the discretion of the supervisor, HR representative and their consultants, as are decisions about steps required for return to work and possible discipline. Depending upon the circumstances, discipline might range from a verbal warning to discharge.
