Imagine, as a brewery owner or manager, you are being sued because one of your employees consumed too much alcohol at work and is being accused of sexual harassment by another employee. You are being deposed. There are two scenarios:
Scenario 1
Victim’s Attorney: Mr. Owner, you did not have a policy prohibiting beer consumption on the job, correct?
You: Yes.
Victim’s Attorney: You never had any written policy telling your employees not to abuse alcohol on the job, right?
You: Yes.
Victim’s Attorney: You are aware that drinking beer impairs people’s judgment, right?
You: I guess.
Victim’s Attorney: So, you knew drinking beer impairs people’s judgment, but you did not think you should have a policy against unreasonable alcohol use?
Scenario 2
Victim’s Attorney: Mr. Owner, you did not have a policy prohibiting alcohol use on the job, correct?
You: I did have a policy. It restricted beer consumption to limited, reasonable tasting for educational purposes only.
Victim’s Attorney: But you are aware that alcohol use impairs people’s judgment, right?
You: Our policy prohibits consuming an amount of alcohol that impairs judgment.
Victim’s Attorney: You don’t think it’s a problem that your employees could drink beer on the job?
You: No, I do think that is a potential problem. That is why we have a policy allowing limited reasonable use only.