| Summary: The Rhode Island Supreme Court affirmed a trial court's dismissal of a lawsuit alleging a violation of the Rhode Island drug testing statute brought against an employer that terminated an employee for refusing to submit to a reasonable grounds drug test. The employee alleged that he injured his arm and back while on the job. When he returned to the worksite and reported his injury, he was questioned by his supervisor and the branch manager, who determined he might be impaired due to their observations that the employee was stuttering and swearing excessively, was "jumping all over the place," was confused and had difficulty describing his injuries, did not speak in complete sentences, was staggering and bending over, and using profanity.
That law permits testing when the "employer has reasonable grounds to believe, based on specific aspects of the employee's job performance and specific contemporaneous documented observations, concerning the employee's appearance, behavior or speech that the employee may be under the influence of a controlled substance, which may be impairing his or her ability to perform his or her job." Although there were multiple possible explanations for the employee's unusual behavior, the court held that the employer nonetheless could meet the reasonable grounds standard applicable under the state's drug testing statute. According to Rhode Island's highest court, "[t]he employee's behavior does not need to be such that it could lead to only a conclusion that he or she is under the influence of a controlled substance." Instead, the court stated that "the [law] requires only that there be reasonable grounds" - concluding that the drug testing statute does not require an employer to be certain that an employee is under the influence of drugs or alcohol before drug testing.
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| Impact(s): Rhode Island employers |
