Construction hiring is up this spring, with the strongest employment outlook for the industry in three years. Roughly 20% of contractors expect to add workers, according to a December 2003 survey by Manpower Inc.

As you fill those slots, you’ll have a lot of applicants to choose from, thanks to sluggish hiring in other economic sectors. While you probably won’t miss the tight labor market of a few years ago that forced you to scramble for qualified workers, you may find the sheer number of job hopefuls overwhelming.

Substance abusers
The pile of applications may well contain a number of drug and alcohol abusers. According to the U.S. Department of Labor, the construction industry has a higher-than-average incidence of substance abusers, running as high as 21% for illicit drugs and 13% for alcohol. Some applicants may be seeking jobs after completing rehabilitation for substance abuse.

What are your legal obligations in handling a job application from a substance abuser? You may not be obligated to rehire one of your previous employees after rehabilitation, according to a U.S. Supreme Court ruling last December. (See “You don’t have to rehire recovering substance abusers,” on page 2.)

But the court did not rule on whether rehabilitated workers are protected when seeking jobs with different employers. That leaves it up to you how to deal with job applicants you consider questionable.

Zero tolerance
The best solution may be to discourage these applicants in the first place. One strategy is to emphasize your company’s culture — including safety and drug-free workplace policies — in recruitment materials. Alcohol and drug abusers are less likely to apply to companies that clearly state zero-tolerance policies.

Recruitment avenues can also make a difference. “Help wanted” ads are likely to generate significantly larger numbers of applicants, but they also are likely to include larger numbers of questionable job seekers.

Some contractors rely on word-of-mouth referrals from subcontractors and other trusted colleagues to find new employees. Others find trade shows or other industry events valuable resources, while still others may use job placement services.

In the interview
When you reach the interview stage, continue the emphasis on corporate culture, looking beyond an applicant’s technical skills for the job. You want an employee who will be honest, efficient and productive. A recovering addict or alcoholic may meet those requirements, but you need to design your hiring policies to help you find out.

First, use formal job applications for every position. The applications should include references — and you should check those references. You could avoid a serious hiring mistake with a simple phone call.

In addition, ask questions that probe beyond the skills for the open job. Ask applicants to define honesty, for example, or to cite instances of leadership or character. Or see if they can give you an example of a top work attitude in action.

Once you’ve decided to hire an applicant, maintain your options. Make probationary periods standard for all new employees — whether or not they are recovering from substance abuse problems — so that you can evaluate their job performances.

And if you are considering hiring a former employee after rehabilitation, you may want to ask for a signed “last chance” agreement, consenting to a monitoring period. These agreements specify that any drug and alcohol violations revealed in monitoring are grounds for dismissal.

Watchful policies
Even the most comprehensive hiring procedures are unlikely to identify which good employees may go bad, and sometimes applicants who seem questionable prove to be valuable employees. But you can reduce liability and increase the prospects for success by designing hiring policies that help you spot problem job seekers.

You don’t have to rehire recovering substance abusers
Recovering drug addicts or alcoholics who were fired for violating their companies’ workplace policies are not victims of discrimination if their former employers refuse to rehire them, the U.S. Supreme Court ruled in December 2003.

In Raytheon Company v. Hernandez, an employee was fired after he tested positive for cocaine. Two years later, saying he had been rehabilitated, the employee sought to be rehired. Although the Americans with Disabilities Act (ADA) bans discrimination on the basis of former drug or alcohol addiction, Raytheon had a policy against rehiring any employee who had left because of misconduct.

Raytheon’s policy, the Supreme Court ruled, is a legitimate and nondiscriminatory reason for denying employment under the ADA, as long as it applies to any type of misconduct and not just substance abuse.

The case did not involve a construction company, but the ruling is significant for contractors, who often find themselves with employees who are substance abusers.

In approaching Raytheon as a workplace issue, however, the Court avoided the question of whether former addicts or alcoholics are entitled to equal treatment when they apply for jobs with new companies. That means contractors may still be subject to claims under the ADA if they refuse to hire a rehabilitated applicant simply because of a history of drug or alcohol abuse.