New Jersey's Appellate Division Limits Parameters Of Workplace Drug And Alcohol Policy

In A.D.P. v. ExxonMobil Research & Engineering Co., 2012 WL 5273469 (App. Div. Oct. 26, 2012), the Superior Court of New Jersey, Appellate Division reversed in part the lower court's ruling granting summary judgment by holding that Defendant ExxonMobil Research and Engineering Company ("ExxonMobil") applied a "facially discriminatory" drug and alcohol policy against its employee, Plaintiff A.D.P., based on her disability of alcoholism. This alert discusses the ramifications of this decision for employer alcohol and drug policies.

Background

Like many employers, ExxonMobil implemented a comprehensive Alcohol and Drug Use Policy ("Policy") to foster "a safe, healthy, and productive workplace for all employees." Concerned that the substance abuse of employees would "impair their ability to perform properly" and "have serious adverse effects on . . . other employees and the Corporation as a whole," the use of drugs or alcohol in the workplace was "strictly prohibited" and "grounds for termination of employment."

The Policy was not solely prohibitive, as it "recognize[d] alcohol or drug dependency as a treatable condition" and "encouraged [employees] to seek advice and to follow appropriate treatment promptly before it results in job performance problems." Accordingly, as a matter of company policy, "[n]o employee with alcohol or drug dependency [was to] be terminated due to the request for help" or "because of involvement in a rehabilitation effort."

On August 17, 2007, A.D.P. voluntarily disclosed to a nurse at ExxonMobil that she was an alcoholic and intended to check herself into a rehabilitation program to address her alcohol dependency and depression. A.D.P. was hospitalized from August 20, 2007 to September 8, 2007, and participated in outpatient treatment thereafter. Following treatment, A.D.P. met with ExxonMobil representatives and, on October 29, 2007, signed an "after-care contract" pursuant to the Policy, which required any employee returning to work from rehabilitation to participate in a company-approved aftercare program.

Pursuant to the after-care contract, A.D.P. agreed to "maintain total abstinence from alcohol" and "actively participate" in: (i) treatment for chemical dependency for the duration of the Primary Treatment Program; (ii) After–care including clinical substance testing for a minimum of two (2) years after completion of the Primary Treatment Program; and, (iii) monitoring for an additional three years. The contract...