Asking about past drug use

catbert8

I am an H.R. Director for a government agency in Florida. Our Police department regularly asks Police Officer candidates in their pre-hire, post-offer CVSA whether they've used drugs in the past. They have also decided to ask this question of civilian applicants for positions such as Dispatcher, Records Clerk, etc. and then decided not to hire because the applicant has used drugs in the past (not currently). I realize that Police Officers as sworn law enforcement are held to a higher standard, but what about the civilians? We don't ask our civilians in other areas of our agency about past drug use, as I feel it's not relevant; just current use which we will hopefully discover in the pre-hire, post-offer drug screen. Any thoughts would be appreciated.

Nat

I would use caution. If I am remembering the ADA correctly, past drug use can be considered a disability and if you are not hiring based on this you could be in trouble. Current drug use is not protected. You may want to consult with your attorney before proceeding with this.

sonny

We only ask police candidates.. .no one else.

National Guard

We are a local government. We do ask civilian applicants for dispatch postions about drug use. For dispatchers there is relevence. If they can be compromised, they are likely to alert any potential suppliers that the police are on their way to make an arrest. A dispatcher is a key job. It isn't only drugs but relatives who have criminal background. What if the relative calls up and says "Yea man, I heard some sirens nearby, whats up dog? Where are they going?" What if the dispatcher then told him?

Don D

It is not 'illegal' per se. Not hiring one because of a disability is illegal. Not hiring one because of admitted prior drug use is not illegal, even if you asked for the information. I'm not offering an opinion as to the wisdom of it since that's not what you asked.

If you were to ask that question and the person revealed to you, "Yes, I was hooked on speed for two years, got myself some help, enrolled in treatment and attend a 12 step program still", you would be looking at a person with ADA protection. Then if you do not hire her for whatever reason, she could certainly allege that as a reason for your decision.

Lest we forget, 'asking questions' is not illegal. It's what you do with the answers and the decisions you make because of the answers that may be illegal. And that's where we get in a bind having to defend our questions and actions.