Wow!! This has to be the most strict anti drug policy ever!!

[Milhouse]

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/03/03/BALI1I2HEN.DTL

I dont know how this holds up in the courts! I didnt even know they kept files on your past drug tests.

 

[compost]

Yeah that is a tricky one if you read it carefully.

Cook's client, Santiago Lopez, was turned down for a longshore job at the Long Beach port in 1997 after he failed a drug test. He underwent treatment and applied again in 2004, but the association refused to consider him because of the earlier test.

If you haven't got the job yet at a company and fail a drug test you have about 0% chance of getting a job there later. If you had already worked there and gone through rehab that would be different. I hope I can go back to my old job soon. No random drug tests, first fail if you have to take one is NOT grounds for termination or real trouble.

 

[KharmaGirl]

C&P of the article, for those who don't like clicking links:



(03-02) 16:06 PST SAN FRANCISCO -- An employer can refuse to hire someone who has ever tested positive for marijuana or other drugs, even if the applicant is now clean and sober, a federal appeals court ruled Wednesday.

In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco said the "one-strike" rule of the Pacific Maritime Association, which controls hiring in the West Coast longshore industry, doesn't discriminate against rehabilitated addicts in violation of disability laws.

The rule "imposes a harsh penalty on applicants who test positive," and may seem unreasonable because many drug and alcohol users recover, the court said. But it said the maritime association had adopted the rule for safety purposes and did not single out former addicts.

A lawyer for a man who lost a chance for a longshore job because he had tested positive for marijuana seven years earlier said she knows of no other employer, including law enforcement and the armed services, that permanently bars applicants because of a single positive drug test.

"This is a very draconian view that impacts potentially thousands of people," said the attorney, Andrea Cook. She said it also contradicts "public policy that says we want to encourage people to get better."

The maritime association's lawyer was unavailable for comment.

Cook's client, Santiago Lopez, was turned down for a longshore job at the Long Beach port in 1997 after he failed a drug test. He underwent treatment and applied again in 2004, but the association refused to consider him because of the earlier test.

His lawsuit relied on federal and state laws that protect rehabilitated addicts from discrimination. But the appeals court, upholding a federal judge's dismissal of the suit, said the association doesn't bar all recovered addicts, only those who were still using drugs when they first applied for a job.

The association adopted the one-strike rule, without objection from the longshore workers' union, because of accidents and injuries that employers partly blamed on "a culture that accepted the use of drugs and alcohol in the workplace," Judge Susan Graber wrote in the appeals court's majority opinion.

Lopez could not show that the rule had a disproportionate effect on recovered addicts, Graber said, because he had no evidence of anyone else in that category who had been turned down. Dissenting Judge Harry Pregerson said the court was imposing an unfair burden because employers and recovery organizations keep that information private.

Cook said Lopez, now 36, has graduated from college, is raising a family and is employed, though for less pay than the coveted longshore jobs. She said he may appeal the ruling.

The ruling can be viewed at links.sfgate.com/ZKWX.


E-mail Bob Egelko at begelko@sfchronicle.com.

This article appeared on page C - 2 of the San Francisco Chronicle

 

[rhyder]

thank god for the whizzinator =p

 

[Noobian]

Authoritarian BS

 

[DocLeaf]

Try living in Poland,, there they'll beat you to your knees on the streets for smoking a spliff (i mean beat with you truncheons) .. ... think ya self luckier than others,, maybe call wendy's and get a take out!

Let's keep things in perspective. peace

 

[Noobian]

Guess you better not be smoking spliffs in the streets of Poleland then wow! Oh yeah no doubt there are much worse places to be than in the states with some herb, but still we can't be saying we're the land of the free and home of the brave and people can't get jobs cause they failed a drug test 10 years ago! That's not right imo

 

[Hash Zeppelin]

No it isn't.

No it isn't.

Authoritarian BS

The government telling private sector business who they have to hire would be authoritarian BS!

PRIVATE SECTOR BUSINESS SHOULD BE FREE TO HIRE OR TO NOT HIRE ANY ONE THEY WANT FOR ANY REASON! The supreme court was right! The person applying for the job made his own decisions.... and besides fuck any company that discriminates. who the fuck wants to work for those assholes anyways.

 

[SacredTHCRitual]

http://www.guardian.co.uk/music/2008/feb/20/news.radio
MusicDJ Grooverider jailed for four years in Dubai

A Radio 1 DJ recognised as one of the pioneers of drum'n'bass music was yesterday sentenced in Dubai to four years in prison for possession of cannabis. Grooverider, whose real name is Raymond Bingham, was found guilty of possession and illegally bringing marijuana into the United Arab Emirates.


He was arrested at Dubai airport on November 23 last year after police found a small transparent bag containing 2.16g of the drug in his luggage. The four-year sentence was the minimum term allowed under UAE law, which takes a hard line on drugs. Recently a string of travellers have been arrested as Dubai's popularity as a tourism and business destination has increased.


At an earlier hearing, Bingham had argued that he had no intention of bringing the drug into the country. "The drugs were in my possession and I forgot I had them in my trousers," he said. The DJ has two weeks to appeal.


Grooverider, a prominent name in music circles since the 1990s when he helped popularise drum'n'bass, was to play a set at a nightclub in the city. In an interview after he had been jailed he said: "I just want this to end. I want to leave and never come back."


Alongside DJ partner Fabio, he has presented a Radio 1 show for several years. It is understood that, because he is employed as a freelance, the BBC has not paid Grooverider since his arrest in November.


Earlier this month the charity Fair Trials International warned that travellers were falling foul of the tough regime at Dubai airport. It highlighted cases including that of Keith Brown, who was arrested after a rolled up cigarette was discovered in the sole of his shoe. He was charged with possession of 0.003g of cannabis and jailed for four years.


Fair Trials added that it had had reports of a Swiss national who was sentenced to four years in prison in the UAE after three poppy seeds from a bread roll were found on his clothes.





talk about perspective...think about the kind of world we live in..i mean I want to be nice, productive citizen, but if you are going to put me in jail over a little plant flower......to me this highlights the implications of these laws... imagine what other freedoms they dont want me or you to have

its starting to get serious, i mean if they wana play that game why dont we all just get guns and you stay on your side of the fence and ill stay on mine if its gonna be sad like that..im not gonna play this bullshit with these control freak psycho governments where they think they have the right to put my ass in a cage..you got another thing coming...


//end noid rant

 

[CANNATOPIA]

That is absolutely absurd.

 

[BlackThumbGrowr]

sacred, not sure wht that has to do with this thread mate. u really can't compare a us ruling to a UAE law

 

[Milhouse]

It may not be directly relevant but it is sure interesting information!!

 

[SacredTHCRitual]

That is absolutely absurd.

its beyond that man..
you have to have reason and logic to even comprehend absurdity...

sacred, not sure wht that has to do with this thread mate. u really can't compare a us ruling to a UAE law

If the US could get away with being like UAE, it would be...ok
dubai is like a little disneyland for the "have's"..
only the really really rich enjoy the spoils and luxury's...
the old "I can but you can't" mentality at its finest...

I do compare it because I understand that UAE is a strict secular muslim nation one of the more intolerant kind but it still rings a bell that others want to be able to have that power over people like that over something so small...thats the root of the evil, wanting to have that power over somebody else..

I was in an a small argument this morning where a non smoker was saying how in her opinion alcohol was on par with cannabis and were equally dangerous...its already beyond the point of trying to show why this is not the case..I respect her opinion and told her that. I also told her I'm glad she respects my opinion..and she said she does not..and that is the fundamental difference and issue I have..its not cannabis or alcohol or drugs its none of that..its an issue mutal respect and understanding...an issue of self control and also the insecurities of wanting to control others.

It may not be directly relevant but it is sure interesting information!!

I thought so too!

thanks man

 

[Tony Aroma]

The maritime association had adopted the rule for safety purposes and did not single out former addicts.

So who, other than former addicts, would be singled out for passing a drug in the present but failing one in the past? Isn't that the definition of a "former" addict?

 

[HippyJohnny]

You have to go down the rabbit hole to even accept that a positive drug test indicates addiction.

Yes we are lucky to not be in the UAE at this moment.

I personally feel completely violated providing bodily fluids for no other reason than my employer wants lower insurance premiums.

I have seen loyal employees working at our company for over years with a great performance record lose their job because of an unwarranted piss test.

One lady had developed carpel tunnel syndrome and when she notified her supervisor she might have an issue ,she had to take a piss test, she failed and tested positive for THC.

This test simply enabled the insurance company to deny paying for her treatment based on the failed piss test. She was instantly terminated from her job.

Another fine example : Employee stops into McDonalds for a quick bite to eat. Parks truck as trained, puts out cones. Another car while this person is having breakfast backs into the truck. Policy is piss test... our hero failed for thc. Another great trained productive employee jettisoned and potentially marginalized and unable to work for a company that actually has benefits.
Amazingly most crappy jobs with low pay and no benefits, seldom require a piss test. Nor do the executives have to produce fluid on demand.

The law as upheld in this story could ensure neither will ever never be able to work anywhere if taken to its logical ends.

It is only really getting started.
The drug war has little to do with drugs.

It is just about the money start to finish.

 

[Hash Zeppelin]

^that is why I say fuck working for a corporation. fuck insurance companies, and fuck the anti drug nazi's

 

[chefro420]

Try living in Poland,, there they'll beat you to your knees on the streets for smoking a spliff (i mean beat with you truncheons) .. ... think ya self luckier than others,, maybe call wendy's and get a take out!

Let's keep things in perspective. peace

Doesn't stop the Poles!!! I smoked some decent herb when I was there afew years back. Surprised that it was good!

 

[EastFortRock]

Anyone that is around weed at all, shouldn't go to UAE. They would jail you for a flake stuck on your shoe. Poppy seeds ! You could get one of those on you in a airport! I wouldn't even visit to the UAE for less than six figures $ and one hell of a sterilization of everything I had with me. I work for a big corp and if someone backed into my company car , it would never get reported. Live with the dent or get it fixed myself.

 

[supermanlives]

ha ha . the last company i worked for sent the same guys for testing to satify the insurance company every year. i didnt have to worry unless i had an accident, then testing was manditory and immediate . never had a problem in 8 years

 

[SacredTHCRitual]

lol where are the UAE growers threads??