Seven African-American police officers in Boston have sued the police department after they failed drug tests for cocaine and were subsequently fired. The tests were done using hair samples and the lawsuit contends that this method of testing is racially biased against blacks.
The suit was filed in Suffolk Superior Court by attorney Rheba Rutkowski. Rutkowski explained to reporters that 'African-American hair is different from white hair because, among other things, it is coarser and thicker. In fact, those properties make it far more likely to yield a false positive on a hair test than white hair.'
Michael McCarthy, a spokesman for the police department refused to comment on the suit. He indicated that the drug tests have been in place since 1999.
Police policy is that those officers who fail the drug tests can enter rehab programs and will be subjected to future random urine tests for drugs. Several of the plaintiffs in this case were offered this opportunity but refused.
Complaints about hair tests are not unprecedented. Just last year, the Pentagon and the Department of Transportation announced they would no longer use hair, saliva or sweat tests for drugs because of fairness issues.
In addition to getting their jobs back, the seven plaintiffs want monetary damages and their names cleared.
'They also want compensation for everything they have lost, including damages for having lost their reputations,' Rutkowski told the Associated Press. 'They also want this practice to stop.'