Summary of Issue: Discrimination

Decision 71410 Full Text of Decision 71410

The claimant had a crack cocaine addiction problem. The employer gave him the opportunity of dealing with his problem on the condition that he attend a treatment program and then confirm his sobriety by submitting to random drug screens. The employer had indicated that drug use was a safety concern given that the claimant was operating machinery. The claimant had agreed to submit to testing. There is no doubt that the claimant was not given any choice but to sign the agreement but, as stated by the Board of Referees, the employer was within its right to require this commitment on the claimant's part given his addiction problem and the nature of his employment. The claimant breached his agreement. He tested negative for drug use in July 2007. When he was asked to submit to a drug test in October 2007, he did not attend for his test and quit his employment. The claimant stated that he had quit his employment because of harassment. He nevertheless felt that requiring him to submit to a drug test was discriminatory. The appeal is dismissed.

Decision 08892 Full Text of Decision 08892

Where the issue is racial attitude as opposed to physical working conditions, there is often a total absence of objective evidence upon which to make the judgment. No denial here that the racial complaint was well founded. He discussed it with his employer. What more could he do?