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US Steel rescinded their offer because my hair took to long to grow for a drug test. After passing Drug Test and Back Ground

Gary, IN |

I received a contingent offer of employment in writing, from US Steel. Contingent on passing background and drug test. The company does a hair follicle drug test and the hair for the test must be 1.5 inches long. It took 4 months for me to grow my hair to this length then told by recruiter told me that I passed the background check and drug test but there is no longer openings, because It took to long for my hair to grow. I already left my job. Is there any legal action that can be taken, I am a black male and hair on my body grows very thing and slow it is not my fault that I have no hair, My genetics enabled me not to get a job.

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Attorney answers 1


The prospective employer did not rescind the offer because of your hair growth rate or your genetics. The offer was rescinded because an express condition was not timely satisfied. Big difference.

The drug test policy was in place at the time you applied; the policy applies to everyone -- all racial groups; the condition was articulated as a condition of the offer. Most likely the policy is not unlawful for its adverse impact on any racial group.

Realize that a candidate who wished to "beat" the drug test could covertly trim the hair during the "grow-in" phase, and the employer has the right to administer its race-neutral drug policy in ways that prevent that kind of covert conduct from succeeding.

It would be helpful to know why you had already cleft your prior job for a conditional job offer that was still conditional. That seems to have been imprudent and a knowing assumption of unnecessary risk on your part.

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