Pubdate: Fri, 21 Jul 2000
Source: Connecticut Post (CT)
Copyright: 2000sConnecticut Post
Contact:  410 State St., Bridgeport, CT 06604
Website: http://www.ctpost.com/
Author: Cara Matthews

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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