Jones v. City of Boston

KAYATTA, Circuit Judge.

Making their second appearance before this court are eight police officers, a police cadet, and a provisionally hired 911 operator (collectively, the “Officers”), who claim that they suffered adverse employment actions by the Boston Police Department (“Department”) as a result of a racially discriminatory hair drug test. Eschewing any claim that the Department discriminated against them intentionally, the Officers advance a so-called disparate impact claim under Title VII of the Civil Rights Act of 1964. See 42 U.S.C. § 2000e-2(k). Adjudicating the question of liability…