When the City of Boston conducted hair follicle drug testing on thousands of police officers, cadets and job applicants, the results demonstrated a 1 percent difference in negative results for Caucasian employees over African Americans. A group of African American police officers claimed that hair follicle drug testing had a disparate impact, arguing that it could not always distinguish between ingestion of drugs and contamination of the hair by environmental exposure. Furthermore, the officers’ experts testified in Jones v. City of Boston, Case No. 15-2015 (1st Cir. Dec. 28, 2016) that this could cause disparate impact because black hair is more likely to absorb and retain contaminants. The case was remanded three times and awaits resolution by a jury.
Hiring Tips Blog

Case Alleging That Hair Follicle Drug Testing Has Disparate Impact on African-Americans Allowed to Proceed
Feb 1, 2017 | EEOC
Recent Posts
- Minnesota, Iowa Modify Employer Drug Testing Requirements
- Oral Fluid Tests Are Not Valid Indicators of Cannabis Exposure or Impairment
- THC Testing vs. Impairment: Legal Risks and Recent Employment Lawsuits
- Colorado Expands Reach of Obligations for Processing Biometric Identifiers and Biometric Data
- California Approves Rules Regulating AI in Employment Decision-making
Categories
- Background Check Compliance (103)
- Background Check Laws (59)
- Background Screening (44)
- Biometric Identification (5)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (182)
- Data Protection & Privacy (105)
- E-Verify Issues (76)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (49)
- Employer Negligence (37)
- Employment Screening (136)
- Fair Credit Reporting Act (109)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (4)
- Hiring Legal Compliance (3)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (89)
- IT and Data Security Hiring (11)
- Medical & Pharmaceutical Industry Hiring (9)
- Occupational Fraud (13)
- Pre-employment Drug Testing (189)
- Public Safety Hiring (1)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (20)
- Uncategorized (1)
- Wage History Checks (4)