Legal Question in Employment Law in New Jersey

I am a female that works for a state law agency. The agency has a policy that we must urine screen our "clients" for drugs and that a same sex officer must witness the voiding of all urine. 99% of our clientele is male. I am unable to do my job without the help of another male co-worker and if no one is available to help, I will be penalized in my review. Male officers are not allowed to test female clients however, this does not impact them as much as the female officers due to the predominant male gender of the clients. Do I have recourse? I was told by Civil Rights that this is not a violation because the male officers are subjected to the same policy. If this is not the definition of disparate impact, I don't know what is! Please help!


Asked on 12/09/09, 5:35 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

There does not appear to be a case of gender discrimination at the present time; however, such may be the case if you are indeed penalized at a future date as you indicated in your question. Your question, however, did not state how you would be penalized and what effect it would have on your employment.

One suggestion that may effectuate a policy change would be to make a formal written request to a supervisor prior to each random test for a male to be present when testing a male. If your supervisor finds this unduly burdensome then they may change any policy that would penalize you for the unavailability of male to assist you with conducting exams.

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Answered on 12/15/09, 6:02 am


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