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In the case of Bracey v. Northwest Utilities Services, a former employer’s motion for summary judgment was denied as to a claim regarding drug testing was violated because issues of fact existed as to whether the former employer had a reasonable suspicion that the former employee was under the influence of drugs after he passed the alcohol breath test. The employee sued for (1) requiring him to submit a urinalysis without reasonable cause; and (2) the employer’s sexual harassment and gender discrimination.

Connecticut law limits the ability of private employers to require employees to submit to urinalysis drug testing. The law provides, in part, as follows: No employer may require an employee to submit to a urinalysis drug test unless the employer has reasonable suspicion that the employee is under the influence of drugs or alcohol which adversely affects or could adversely affect such employee's job performance. In the case at hand, the employee was subjected to a urinalysis after the employee’s supervisor suspected he was under the influence of marijuana because of his “giggly” and unusually relaxed conduct when she interviewed him about his alcohol use. However, summary judgment could not be granted because finding that the employer’s conduct was reasonable was not at the discretion f the court, but the jury.

The court therefore denied summary judgment for employee’s claim for unreasonable subjection to a drug test. “A jury may well credit their testimony to that effect and find that their observations gave them the reasonable suspicion as required by the statute. But the standard for summary judgment requires the court to construe all the evidence, and all inferences that may be drawn from the evidence, in the light most favorable to the nonmoving party” said the court. “Applying that standard, the court concludes that there are disputed issues of material fact as to whether the defendant had a reasonable suspicion that the plaintiff was under the influence of drugs after he passed the alcohol breath test and had worked for nearly two hours without any reported impairment in his job performance. Accordingly, summary judgment is denied as to count one.”

If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

Source: Bracey v. Northeast Utils. Serv. Co., 2013 Conn. Super. LEXIS 2521, 2013 WL 6334262 (Conn. Super. Ct. Nov. 1, 2013)