Kraslawsky's employer should have treated this like any other illness on the premises. If she is unable to respond appropriately, have her taken to the local medical clinic. If the doctor, based on medical evidence, suggests a drug test, the employer will certainly be considered at that point to have reasonable suspicion. So, too, in the Connecticut case, the employer already had the right to fire the employee for stealing. There was no reason to order him to a drug test.
Employers initiate drug tests for reasons other than reasonable suspicion.
Random, periodic, return from leave, fitness for duty and post-accident tests also are given. The danger area here for employers is when they take action based on positive test results. A 1997 Court of Appeals decision on alcoholism is equally relevant to the issue of drug testing. Mr. Pettus was an employee with 22 years of service who was advised by his doctor to take a 90-day disability leave for stress. The company required him to be examined by its own psychiatrists to confirm the diagnosis.