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Law Enforcement Follow Employers’ Lead

Employers have long since approached the problem of drug abuse at the workplace by favoring treatment instead of firing workers. Law enforcement officials across the country are now catching up to the lead taken by employers. In a survey commissioned by the Police Foundation and Drug Strategies, a Washington D.C. think tank, 47 percent of the police chiefs surveyed said education is more effective than incarceration. Sixty-seven percent of the chiefs believe court-supervised drug treatment programs for offenders offer a more cost effective solution than imprisonment alone. Eighty-five percent of the chiefs agree that their methods of dealing with the drug problem needs either major change or fundamental overhaul.

A combination of small town and big city top cops say the problem is a public health matter as well as a law enforcement problem. Cops are trying a range of solutions, including school education programs in which 90 percent of the chiefs participate.

Though the Department of Justice is pondering testing all arrestees, it may well follow the lead of employers by taking the next step and offering treatment to first time offenders. The International Community Corrections Association has urged Attorney General Janet Reno to consider substance abuse prevention, education, and “appropriate” treatment for those individuals in the criminal justice system when drafting a universal federal pre-trial drug testing policy. ICCA is concerned that court-ordered testing of offenders may divert current and needed drug treatment. “Some judicial districts with high rates of court-ordered drug testing have already experienced this result,” the ICCA said.

Damages Suit For Breach of Confidentiality Voided

A ruling by a California county court in favor of an employee fired for drug use was recently overturned by a California appeals court because the worker died while the appeal was pending. His employer, Delta Airlines, said they fired the worker -- who admitted cocaine use -- for violating their “no tolerance” drug policy. But the county court ruled in favor of the dismissed worker who sued his employer for breach of confidentiality and unlawful discrimination based on his HIV status and alcohol abuse treatment.

Background: One year after telling his supervisor that he was HIV positive, the worker’s name appeared on a list of 19 employees, showing attendance record, attitude to work and physical appearance. The employee was absent 73 days in 12, including two 30 day spans for drug and alcohol rehabilitation, and the list helped company officials determine the type of training supervisors needed, said the company. The county court awarded damages for invasion of privacy and violating the state code that requires employers to accommodate workers who enroll in a drug program.

Reasoning: The appeals court held that California law voided a suit for damages if the employee died while the case was still being appealed.

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