Reference no: EM131006750

A company's drug-testing policy allowed for drug testing of employees whose on-the-job behavior indicated the possible influence of illegal drugs or alcohol. An African American employee became involved in an argument with two other employees who he accused of not helping him lift heavy objects. The argument subsided without futher incident, but the next day one of the employees involved in the dispute and another coworker complained to a manager about the African American employee's behavior. They al- leged that he had been uncooperative and unre- sponsive throughout the previous day. Based on this report of "uncharacteristic behavior" as well as rumors that the employee had previously used drugs in the workplace, the company ordered a drug test. The employee tested positive and was terminated. Previously, the same manager did not order a drug or alcohol test for a white em- ployee who had shown up to work visibly intox- icated. Instead, the employee was issued a warning for "questionable usage." The manager attributed the difference to his (mistaken) belief that a test for alcohol would not have revealed anything, given the two days that had elapsed before he learned of the incident. Did this employer discriminate in drug-testing the African American employee? Terminating him? (Keys v. Foamex, 2008 U.S. App. LEXIS 3310 (7th Cir.))