Jones v. City of Boston, No. 15-2015 (1st Cir. 2016)Annotate this Case
Eight police officers, a police cadet, and a provisionally hired 911 operator (collectively, the Officers) alleged that they suffered adverse employment actions by the Boston Police Department as a result of a racially discriminatory hair drug test. The Officers advanced a “disparate impact claim” under Title VII of the Civil Rights Act. The district court concluded that there was no actionable disparate impact. The first time on appeal, the First Circuit held that the Officers prevailed as a matter of law under the first prong of the three-prong disparate impact inquiry of that inquiry and remanded the case to the district court to consider the next two prongs. On remand, the district court again summary judgment for the Department. On appeal for the second time, the First Circuit vacated the district court’s grant of summary judgment to the Department on the third prong of the disparate impact inquiry, holding that a material dispute of fact existed preventing summary judgment on this matter. Remanded.