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FOWLER v. NEW YORK CITY DEPT. OF SANITATION

No. 86 Civ. 9138 (MBM).

704 F.Supp. 1264 (1989)

Charles FOWLER, Plaintiff, v. NEW YORK CITY DEPARTMENT OF SANITATION; Norman Steisel, individually and in his official capacity as Deputy Commissioner for Administration of the New York City Department of Sanitation; Robert C. Ross, individually and in his official capacity as Director of Personnel of the New York City Department of Sanitation, Defendants.

United States District Court, S.D. New York.

January 30, 1989.

Attorney(s) appearing for the Case

Minna J. Kotkin, Craig Saunders, Jason Turken, Legal Interns, BLS Legal Services Corp., Brooklyn, N.Y., for plaintiff.

George Gutwirth, Asst. Corp. Counsel, for City of New York, Peter L. Zimroth, Corp. Counsel, New York City, for defendants.

OPINION AND ORDER

MUKASEY, District Judge.

Concerned about a growing problem of substance abuse among its employees and the attendant danger to the public, the New York City Department of Sanitation (the "Department") introduced, on May 1, 1985, a "Substance Abuse Policy and Procedure" designed to "protect the health and safety of both the public and the Department's work force and to ensure that employees troubled by drug and alcohol abuse problems receive...

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