A manager asks an employee to take a drug test. He says it was because she looked high. She says it was her race. Read the facts of this real-life case and decide: Who won?

The facts:

An employee came to work appearing physically and mentally impaired. Her boss suspected drug use and asked her to take a test. She tested positive for marijuana and prescription drugs, and she was given two choices — be discharged or enter a rehab program. She left the company and sued, claiming she was only subjected to the test because she was African-American.

The employer said:

In accordance with company policy, she was given the test because her boss had reason to believe she was using drugs.

Who won the case?

Answer: The employer.

Why: The court agreed that the woman’s race was incidental, and the company had a duty to follow up on its suspicions about her drug use.

The key was a consistent policy. Some companies test all employees before they’re hired, others reserve their right to test when employee behavior necessitates it. Either way, like all policies, it’s important to be consistent in order to avoid the appearance of bias.

Cite: Surrell v. California Water Service Co.

Tags: Discrimination, drug tests, policy