Labor & Employment Law

Zero drug tolerance policy - mitigating circumstances

Zero drug tolerance policy - mitigating circumstances
Fire Dep?t v. Schroeder, OATH Index No. 1261/07

In this disciplinary action, Administrative Law Judge Kevin Casey recommended delaying impositing the penalty of dismissal to allow a firefighter who tested positive for drug use to retire on a disability pension. Although the Fire Department has a zero tolerance policy for illegal drug use, the ALJ found that the firefighter?s loss of employment and retirement benefits were he to be terminated prior to retirement for disability would be unduly harsh due to mitigating circumstances. The firefighter suffers from post-traumatic stress disorder and a chronic lung condition as a result of his service following the World Trade Center attacks on 9/11 and has already been found eligible for job-related disability retirement.

Full post as published by New York Public Personnel Law on May 07, 2008 (boomark / email).