Our Advisors field a wide range of HR and Safety questions from our members each day on the HR Hotline and Advisor Chat in mozzo. In this series, we're taking common, or sometimes incredibly unique, questions, similar to what we’ve received and sharing how our Advisor team would respond.
In this edition, we hear from a hiring manager with a candidate who wants to bring their significant other to the interview, an employer navigating their traveling sales rep getting a DUI, and a member who has questions about their ability to create a company dress code for the production floor.
Question: We had a job candidate ask if they could bring their significant other to their interview next week. Is there any reason why they should be allowed to do that? This has soured my opinion of the candidate. Can we rescind the offer to interview completely?
Archbright Answer: We would not recommend rescinding the offer; however, you do not need to allow the spouse to attend the interview in most cases. The one exception would be if the applicant has a disability and the spouse is able to assist with some type of reasonable accommodation. So, I’d suggest informing the applicant that spouses are not invited to the interview, but to please let you know if they are in need of any type of reasonable accommodation during the interview process.
Question: We just found out one of our sales reps was arrested for Driving Under the Influence (DUI) over the weekend. A big part of her job is business travel. Can we fire her over this infraction?
Archbright Answer: If she needs to drive her car as part of her job duties, and if her license has been suspended or revoked as a result of her arrest, you may terminate her employment because she is no longer qualified to perform the essential functions of her job. If the arrest does not result in a conviction or loss of driving privileges through revocation or suspension of her license, then termination out of fear of liability may run afoul of federal and state disability discrimination law.
If the employer does not find out about this arrest or conviction (maybe she didn’t miss any time), they may have no way of knowing whether there is a conviction or not. This would be a good reason to have a policy/practice in place to run regular MVR (Motor Vehicle Records) checks on employees who drive for the company. This is allowed under the law if employees are informed, so having the proper policies and paperwork in place ahead of time is a good idea.
In Washington, drug and alcohol addiction is considered to be a disability. Furthermore, individuals who are in a drug or alcohol recovery program, or who have been through a drug or alcohol recovery program, are protected under the Americans with Disabilities Act and Washington’s Law Against Discrimination (RCW 49.60).
If an employee discloses an addiction prior to violating a policy, and requests accommodation, the employer has an obligation to engage in the interactive ADA process. If the employee violates the policy, and then discloses an addiction, the employer may discipline according to their policy (including termination), or they may choose to apply lesser discipline and engage in the interactive process, and offer continued employment contingent upon the employee signing a “recovery agreement.” Of course, illegal drug use or drinking alcohol in the workplace is not acceptable. You may enforce policies that prohibit employees from using or being under the influence of illegal drugs or alcohol during work hours or while on-call, and prohibit employees from being under the influence of legal drugs that would impair performance or risk safety.
Question: We want everyone to look good on the shop floor. We are asking that all production workers wear a navy shirt. Do we have to buy the shirts?
Archbright Answer: Under Washington State law, the employer must purchase the shirt only if the shirt is considered a uniform. Uniforms are defined as:
If any navy shirt of the employee’s choosing is permitted and the company logo is not part of the shirt, the employer is not obligated to provide the shirt. The color of the shirt is important in determining which party is responsible for purchasing the shirt. The employer is not responsible for the cost when the shirt is of a common color, specifically, any light or dark variation of the colors white, tan, or blue.
There is no regulation that the employer must launder any required clothing or uniform, although many employers do provide a laundry service when uniforms are required.
Do you have questions for our advisors? Our HR Hotline and Advisor Chat are available for members from 8am - 4pm PT Monday - Friday. Not yet a member? Get in touch.