Jerry Weir is a loading dock worker for American Beauty Supplies, Inc. Jerry’s s

Question

Jerry Weir is a loading dock worker for American Beauty Supplies, Inc. Jerry’s supervisor, Bob Garcia, is suspicious that Jerry is a drug user. Although the company does not have a dress code for its loading dock employees, Jerry’s attire has given Bob what he believes to be cause for concern. Today, for example, Jerry is wearing a t-shirt of his favorite 1960s rock-and-roll band, The Appreciative Deceased. The t-shirt has a picture of The Appreciative Deceased’s mascot, the “Pooh-Bah Man,” along with the words “Keep on Tokin’.” He is also wearing a “peace-sign” necklace, tattered blue jeans, and sandals. Add to his attire Jerry’s long, curly hair and his disheveled beard, and Bob believes his subordinate is a human tribute to the “60s” generation. Bob has decided to give Jerry a drug test to determine whether his charge is under the influence of illicit substances. Bob believes he has “reasonable suspicion” to do so based on Jerry’s appearance, and the fact that courts have generally upheld the right of employers to drug-test employees. Based on these circumstances, does Bob Garcia have the legal right to require that Jerry Weir submit to a drug test?

Explanation / Answer

No. Based on the above circumstances Bob deos not have reasonable suspicion to make Jerry Weir take the drug test. Just by the appearance Bob cannot make reasonable suspicion on Jerry taking drugs.

Examples of reasonable suspicion include but are not limited to:

Direct observation of drug use or physical symptoms of drug use (slurred speech, uncoordinated movement, etc.)

Abnormal conduct

A report from a reliable source that an employee is using drugs

Evidence that an employee has tampered with his/her drug results

Erratic behavior while at work or significant deterioration in work performance

Evidence that the employee has used, possessed, sold, solicited, or transferred drugs while working or at work

Related Questions

Navigate

• Browse (All)
• Browse J
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.