SPHR Question #178: Real Exam Question with Answer & Explanation

The correct answer is D. The ADA and the organization's policy. The ADA (Americans with Disabilities Act) protects individuals with a history of substance use disorders if they are not currently engaging in illegal use. HR must balance ADA obligations with the organization's drug-free policies. Referring to both the law (ADA) and internal pol

Question

An employee with previously good attendance and performance reviews is exhibiting increased incidences of tardiness, absenteeism, and mistakes. The manager suspects that the employee may have a drinking problem. When conducting an investigation, HR should initially refer to:

Options

APast practices and EEOC guidelines
BThe Drug-Free Workplace Act and EAP
CEAP guidelines and ADEA
DThe ADA and the organization's policy

Explanation

The ADA (Americans with Disabilities Act) protects individuals with a history of substance use disorders if they are not currently engaging in illegal use. HR must balance ADA obligations with the organization's drug-free policies. Referring to both the law (ADA) and internal policy ensures that actions are consistent, legally sound, and defensible. Extract from HRCI-aligned HR knowledge (Employee Relations and Engagement / Legal SPHR-level practitioners are expected to apply federal laws (e.g., ADA, FMLA) in investigating employee issues. "When substance abuse is suspected, HR must ensure that responses follow the organization's policy and are ADA-compliant," especially in maintaining confidentiality, allowing for accommodations, and following due process before disciplinary action.

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