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NCJRS Abstract

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NCJ Number: 115566 Find in a Library
Title: Title VII Discrimination in Biochemical Testing for AIDS and Marijuana
Journal: Duke Law Journal  Volume:1988  Issue:1  Dated:(February)  Pages:129-153
Author(s): A A Martin
Date Published: 1988
Page Count: 25
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
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.
Main Term(s): Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS)
Index Term(s): Blood/body fluid analysis; Discrimination; Equal opportunity employment; Marijuana
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