For an employer of your choice, imagine that your CEO has directed that you, as Human Resources Manager,
implement random drug testing of applicants 6 months ago. Think about the potential discrimination claims that
could result if in the past 6 months, 100 applicants have been selected for random drug tests; of those 100, 10
out of 20 African American applicants tested positive, and 20 out of 80 white applicants tested positive.
Under the company’s policy, a positive drug test for any illegal drug results in that applicant’s rejection and
placement on a “no hire” list for 1 year.
Discuss the potential for claims of discrimination by an African American applicant who was selected for drug
testing and tested positive, and was rejected for that reason. Be sure to discuss how your employer might be
able to defend itself against either basis for a claim.