Case1

Perry Weir is a loading dock worker for American Beauty Supplies, Inc. Jerry's supervisor, Bob Garcia, is suspicious that Jerry is a drug user. Although the company does not have a dress code for its loading dock employees, Perry's attire has givenBob what he believes to be cause for concern. Today, for example, Jerry is sea ring a t-shirt of his favourite 1960s rock-and-rollband, The Appreciative Deceased. The t-shirt has a picture of The Appreciative Deceased's mascot, the "Pooh-Ba h Man," along with the words "Keep on Tokin'. "He is also wearing a "peace-sign" necklace, tattered blue jeans, and sandals. Add to his attire Perry's long, curly ha it and his dishevelled beard, and Bob believes his subordinate is a humantribute to the "60s"generation.

Bob has decided to givePerry a drugtest to determine whether his charge is under the influence of illicit substances. Bob believes he has "reasonable suspicion" to do so based on Perry's appearance, and thefact that courts have generally upheld the rightof employers to drug-test employees.

Question: Based on these circumstances, does Bob Garcia have the legal right to require that Jerry Weir submit to a drug test? (write 8 to 10 lines)

Case 2

Ben Kerrigan and Allison LaCroix have worked togetherfor five years. Although he has kept it to himself, Ben adoresAllison, hanging on every word she says and watching every move she makes. Ben feels considerable guilt for his amorous emotions, since he has been married to his wife Jeannie for seven years, and since Allison is also married. From Allison's perspective, her association with Ben is purely professional,although she does consider him a dear friend, enjoying his sense of humour,sharing with him many of her daily experiences, and consoling in him when life is unkind.

On Friday morning, Ben asks Allison to join him for a quicklunch, stating "You drive,and I'II buy." They choose a local delicatessen, and are seated at a "table for two." Aware that life is short, and weakened by five years of keeping a torturous secret, Ben confesses all to Allison over turkey subs and tomato soup. Ben proclaims, "Allison, Iam tired of living a lie. Youare not just the roman of my dreams, you are real, and I want you for my own. I worship you, and I want to share my life with you. You are themost

beautiful and intelligent woman I have ever met, and I am willing to leave Jeannie for you. I hate to hurtyour husband,but I love you more than he does. As far as work goes, we can try our best to keep it a secret; if not, I am willing to find another job. Tell me how you feel,Allison. "

At first, Allison is speechless; her face then reddens, and she finds the words: "Ben, I thoughtyou were my friend, but instead, you are alustful stalker. I feel violated. For crying out loud, Ben, we a re both married. Don't you understand the true meaning of "family values?" Allison immediately rushes from the restaurant, leaving Ben to find a cab, and Ben wonders if hehas said too much.

The following Monday, Ben is called into the office of his supervisor, Alex Friedman. Friedman informs Ben that much to his regret, Allison has filed a sexual harassment claim against him, and that although she would like to resolve the matter internally, she will file a claim with the Equal Employment Opportunity Commission if the incident is not addressed satisfactorily.

Friedman has scheduled an internal hiring in two weeks. The supervisor states that if Allison's claim holds, Ben will be terminated in lightof the company's "zero-tolerance" anti-sexual harassment policy.

Question: Do Ben's statements constitute sexual harassment? (write 8 to 10 lines)

Mention references.