NCJ Number
115566
Journal
Duke Law Journal Volume: 1988 Issue: 1 Dated: (February) Pages: 129-153
Date Published
1988
Length
25 pages
Annotation
This article argues that because biochemical tests can be inaccurate and discriminate, a disparate impact analysis of employment discrimination must be used by courts to distinguish between the accuracy of a biochemical test and the policy the test may be intended to enforce.
Abstract
Employers seeking to justify a discriminatory biochemical test should follow a two-step validation procedure. First, employers should offer specific evidence to verify the accuracy of the test such as initial screening followed by confirmation tests. Second, after establishing the accuracy of the test, employers should use the Uniform Guidelines on Employee Selection Procedures as promulgated by the Equal Employment Opportunity Commission to validate the biochemical test. The article argues that courts must require employers to justify biochemical tests and demonstrate that they are accurate and job-related. 130 footnotes.