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From: Robert Swotinsky MD
Password: orange
Date: 19 Mar 2008
Time: 08:10:36 -0800
Remote Name: 68.184.42.162
The standard practice, as reflected in proposed rules issued by HHS/SAMHSA in April 2004, should be to collect an alternative specimen if the donor is unable to provide the usual one. The employer may in this case choose to perform a urine test. If the employer instead tells the donor to come back once he has enough hair to satisfy the collector/lab, Yes, I do think the employer could be accused of discriminating against people w/short (or no) hair. Unfortunately (speaking as a future member of that subgroup), I don't think there is any legal protection owed to short haired/bald people. Could an attorney represent this as discrimination against black people (which is in fact illegal)? Maybe.