A company’s drug-testing policy allowed for drug testing of employees whose on-the-job behavior indicated the possible influence of illegal drugs or alcohol. An African-American employee became involved in an argument with two other employees who he accused of not helping him lift heavy objects. The argument subsided without futher incident, but the next day, one of the employees involved in the dispute and another co-worker complained to a manager about the African-American employee’s behavior. They alleged that he had been uncooperative and unresponsive throughout the previous day. Based on this report of “uncharacteristic behavior,” as well as rumors that the employee had previously used drugs in the workplace, the company ordered a drug test. The employee tested positive and was terminated. Previously, the same manager did not order a drug or alcohol test for a white employee who had shown up to work visibly intoxicated. Instead, the employee was issued a warning for “questionable usage.” The manager attributed the difference to his (mistaken) belief that a test for alcohol would not have revealed anything, given the two days that had elapsed before he learned of the incident. Did this employer discriminate in drug testing the African-American employee? Terminating him?