Baseball scandal prompts thoughts on zero tolerance policies in the workplace

News is breaking today that the manager of the Texas Rangers, Ron Washington, tested positive for cocaine last season. Reports are that it was a one-time event, and Washington offered to resign, but Nolan Ryan, the Rangers president, declined to accept it. So Washington stays on as Rangers coach. As I tap this out at a bookstore, I am listening to sports talk radio, which is buzzing about the development. All this leads me to think about zero tolerance policies in the workplace in general. Under such edicts, one violation of a rule results in immediate termination. Lawyers often see zero tolerance language in drug and anti-harassment polices. So, should the Rangers fire Washington? I have written before on this topic. My answer is no. I have zero tolerance for zero tolerance policies. Lawyers should encourage employers to look at each situation in context: Did the employee express true remorse? Has he not just acknowledged responsibility but also set out how he will avoid a recurrence? Does he have an otherwise good work history? Employers should ask these questions before deciding to impose the workplace equivalent of capital punishment. Those who promulgate zero tolerance polices often get a shocker: The first person who violates it is a key, long-term or beloved employee. Shock No. 2, managers often do not want to (and will not) enforce a policy they perceive as too harsh. Look, American civil rights laws are based on the idea that everyone is valuable and should be treated as an individual. Our workplace policies should do no less.