Jones v. City of Boston

Ronnie Jones (plaintiff) was one of a group of 10 African-American plaintiffs who filed suit against the City of Boston (the city) (defendant) due to the Boston Police Department’s (BPD) drug-testing program. The suit alleged that the program had a disparate impact due to race, which was a violation of Title VII of the Civil Rights Act of 1964. At the time of the suit, BPD officers and cadets underwent annual drug tests submitted via hair samples. The testing company, Psychemedics Corporation, tested hair samples for exposure to cocaine, marijuana, opiates, phenylcyclohexyl piperidine (commonly known as PCP), and amphetamines. If the initial test revealed exposure to cocaine, a doctor would check to see if the officer or cadet had received cocaine hydrochloride during a medical procedure. The officer or cadet could also submit a second hair sample, which would be subjected to a second, more sensitive test. An employee who tested positive and was not subsequently cleared would be fired unless the employee agreed to enter drug rehabilitation and serve an unpaid 45-day work suspension. From 1999 to 2006, 10,835 White officers or cadets were tested, with 30 positive tests for cocaine. During the same period, 4,222 Black officers or cadets were tested, with 55 positive tests. The disparity in racial results was calculated (without disagreement of the parties) at 7.148 standard deviations, well beyond the limit of three standard deviations, which the Supreme Court had generally indicated would be the edge of the level that could be considered random. The city argued that although the difference was statistically significant, the small differences in a large data set yielded no practical significance. At trial, the district court granted summary judgment to the city, but the plaintiffs argued that the statistical significance of the data presented a prima facie case of disparate impact and should allow the plaintiff’s claims to go forward.