NCJ Number
54345
Date Published
1978
Length
4 pages
Annotation
EXCERPTS FROM THE COURT'S OPINION IN A CASE RULING THAT REFUSAL TO HIRE A PERSON BASED ON HIS PARTICIPATION IN A METHADONE MAINTENANCE PROGRAM IS UNCONSTITUTIONAL ARE REPORTED, AND IMPLICATIONS ARE DISCUSSED.
Abstract
A UNITED STATES DISTRICT COURT JUDGE IN NEW YORK CITY RULED ON AUGUST 6, 1975, THAT THE NEW YORK CITY TRANSIT AUTHORITY'S POLICY OF EXCLUDING FROM EMPLOYMENT ALL METHADONE MAINTENANCE PATIENTS VIOLATED THE UNITED STATES CONSTITUTION. UNDER THE OPINION, THE TRANSIT AUTHORITY IS REQUIRED TO CONSIDER METHADONE MAINTENANCE PATIENTS FOR JOB POSITIONS ON AN INDIVIDUALIZED BASIS. THE DECISION WAS RENDERED ONLY AFTER A THOROUGH DATA ANALYSIS OF THE NATURE AND EFFECTS OF METHADONE MAINTENANCE UPON PROGRAM PARTICIPANTS. THE NEW YORK TRANSIT AUTHORITY MAINTAINED THAT METHADONE IS A NARCOTIC WITH SIGNIFICANT ADVERSE PHYSIOLOGICAL EFFECTS WHICH WOULD IMPAIR THE PERFORMANCE OF USERS. ALSO, THE TRANSIT AUTHORITY ARGUED THAT THE LIKELIHOOD THAT A PERSON ON METHADONE MAINTENANCE WOULD RETURN TO HEROIN USE IS EXTREMELY HIGH. CONSIDERING THE RESPONBILITY OF THE TRANSIT AUTHORITY TO PROVIDE EVERY PROTECTION TO ASSURE THE SAFETY OF THOSE USING ITS SERVICES, IT WAS ARGUED BEFORE THE COURT THAT THE RISKS OF HIRING PERSONS ON METHADONE MAINTENANCE WERE TOO GREAT. AFTER CONSIDERING THE EVIDENCE PRESENTED TO COUNTER THE TRANSIT AUTHORITY'S PERCEPTIONS OF THE BEHAVIOR OF THOSE ON METHADONE MAINTENANCE, THE JUDGE RULED THAT THE DEFENDANT FAILED TO CHALLENGE CONVINCINGLY THE PLAINTIFF'S ASSERTION 'THAT METHADONE AS ADMINISTERED IN THE MAINTENANCE PROGRAMS CAN SUCCESSFULLY ERASE THE PHYSICAL EFFECTS OF HEROIN ADDICTION AND PERMIT A FORMER HEROIN ADDICT TO FUNCTION NORMALLY BOTH MENTALLY AND PHYSICALLY.' THE AUTHOR CONCLUDES THAT ALTHOUGH THIS CASE INVOLVED ONLY METHADONE MAINTENANCE PATIENTS, IT WOULD APPEAR TO HAVE WIDE RANGING RAMIFICATIONS FOR THE EMPLOYMENT PROSPECTS OF DRUG-FREE PATIENTS AS WELL. (RCB)