Random testing, disparate treatment, policy and procedure.

Beverly Folmsbee, a 54-year-old employee of Tech Tool Grinding & Supply Company, appeals a lower court's ruling in her civil suit against her former employer. She was informed by the company's vice-president that all company employees would be required to undergo a drug test. Each employee was required to submit a urine sample in the presence of a medical assistant of the same sex. Folmsbee took exception to the company mandate, and argued that policy constituted a strip search. She refused to take the test and told the company's vice president, that she considered herself fired. She walked off the job that day. Folmsbee sued both the employer and the vice president, arguing that her "termination" was a violation of public policy, the Massachusetts Civil Rights Act, and an intentional infliction of emotional distress.

The Superior Court in Berkshire County granted the company's request for summary judgment and dismissed the relevant aspects of Folmsbee's complaint. She now appeals.

The company wins. The Massachusetts Supreme Court upheld the action of the lower jurisdiction. The court ruled the company's interest in protecting all its employees outweighed Folmsbee's interests.