if a supervisor gives you alcohol before your shift are they responsible for your actions?

First of all, you cannot seek to be excused for acting like a fool by saying you were under the influence of alcohol, regardless of how you came to be in that state. Second, the amount of alcohol you would have consumed in that one beverage would not have had such a drastic effect on you that you would go around acting in ways that caused sexual harassment complaints to be made against you unless you chose to behave that way. Third, when an employer seems to discriminate against you as compared to your supervisor, it is difficult to argue that unlawful discrimination occurred because supervisors and subordinates cannot easily be comparators in claims of discrimination. Usually supervisors are held to a higher rather than a lower standard, but I suspect that your supervisor was not forthcoming about her involvement, and employers make decisions on the best information available, so it was your word against hers proving her involvement, while it was the complaining employees' words against yours when it came to the inappropriate behavior. You are right in thinking it was unfair, but fairness is not guaranteed by the law.
You might have a claim against your supervisor for contractual interference, but you would have the same proof problem. Even if you could prove that she gave you a drink heavily spiked with undetectable alcohol (like a Long Island iced tea), you are still responsible for foolish behavior that offends your coworkers.

posted by Francis Fanning  |  Mar 25, 2013 12:50 PM [EST]