Drug and Alcohol Testing Q&A - 2008

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Hair testing potentially discriminatory?

From: Michelle Alexander MD
Password: orange
Date: 19 Mar 2008
Time: 07:53:11 -0800
Remote Name: 70.42.35.210

Comments

There was a situation reported by a client where the candidate was unable to provide a hair sample of sufficient length so the employer chose to rescind/postpone the job offer until he is able to proceed with hair testing. The donor explained to the employer that he is willing to try to grow such a sample but he further said that it will take a lot of time because he is African American. I am aware that a larger swatch of hair may be used but in this case the hair was too short. The concern of course is that the employer is not using a practice that will disproportionately affect the demographics of their candidate pool in a discriminatory way. Do you have any thoughts?