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US CT: Ex-worker Sues Bridgeport Over Drug Tests - Rave.ca
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News (Media Awareness Project) - US CT: Ex-worker Sues Bridgeport Over Drug Tests
Title:US CT: Ex-worker Sues Bridgeport Over Drug Tests
Published On:2000-07-21
Source:Connecticut Post (CT)
Fetched On:2008-09-03 15:26:47
EX-WORKER SUES BRIDGEPORT OVER DRUG TESTS

BRIDGEPORT - A city maintenance man who twice tested positive for cocaine
use is alleging his employer broke state and federal law in ordering the
drug tests.

Bernard Mahoney of Taft Avenue is suing the city for $15,000 or more to get
his job back. A lawsuit filed recently said he has suffered emotional
injuries, and lost wages and past and future employment benefits.

Thomas Bucci Jr., a Bridgeport lawyer representing Mahoney, said his client
denies ever taking drugs. Regardless, Bucci said, the city did not follow
proper procedure in ordering the tests.

The suit claims that Mahoney never received drug and alcohol education and
training or a written copy of the policy, both violations of state and
federal law.

"It's really a technical claim. I expect to win that one," Bucci said. "In
Bernie's case, they really weren't allowed to do any drug testing at all."

A representative of the city attorney's office could not be reached for
comment Wednesday.

Mahoney was employed by the city from April 13, 1994, to Jan. 12, 1999. He
was involved in a motor vehicle accident Dec. 4, 1997, while he was
working. His post-accident drug and alcohol test was positive for cocaine,
the lawsuit said.

Mahoney was suspended, then terminated on Jan. 13, 1998, with officials
claiming he failed to comply with the city Employee Assistance Program's
drug treatment recommendations. He returned to work March 31, 1998, after
reaching an agreement with the city.

On Jan. 6, 1999, Mahoney's supervisor ordered a follow-up drug and alcohol
exam, the lawsuit said. His test was again positive, according to the city,
and he was fired on Jan. 12, 1999. According to Bucci, that follow-up drug
test, more than a year after Mahoney returned to work, was not legal.

A Superior Court date has been scheduled for July 31.
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