Employment Security Department of Nevada v. Verrati

*303OPINION

On August 22, 1986, respondent Michael James Verrati was observed repeatedly nodding off and sleeping for up to a few minutes at a time while on duty as a boxman in the casino of the Stardust Hotel in Las Vegas. This behavior continued for more than two hours. Casino personnel who removed him from the game observed that his speech was slurred and asked him to submit to a blood test. Verrati refused to take a blood test, but offered to take a urine or other non-invasive drug or alcohol test. The casino suspended Verrati and terminated him a few days later. The reason given for Verrati’s…