Loading dock worker for american beauty supplies

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Reference no: EM131159176

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?

Reference no: EM131159176

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