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“Reasonable suspicion” has been defined by one court as something less than probable cause but more than mere suspicion. It is suspicion that requires further investigation and which has some factual foundation in the surrounding circumstances observed in light of the observer’s knowledge.
Specific objective facts and rational inferences drawn from those facts must justify reasonable suspicion. Evidence sufficient to justify reasonable suspicion does not need to rise to the level of full probable cause. This may include alcohol on the breath, lapses in performance, inability to appropriately respond to questions, and physical symptoms of alcohol or drug influence.
Drug testing is a dynamic area of the law. Legal counsel should be consulted before instituting a drug testing policy or practice.
Read more about When Drug Testing May be Permitted in the HR Library.