Drug Tester DISA Must Face Race Bias Suit as ‘Indirect Employer’

Two Black workers who say they were suspended by Valero Refining Company-California because of false positive results on hair testing for drugs can sue testing company DISA Global Solutions under federal and state race discrimination laws.

The ruling by the US District Court for the Eastern District of California addressed the somewhat rare issue of when a company that doesn’t directly employ a worker can potentially be liable under Title VII of the 1964 Civil Rights Act.

Marvonte Wilson and Domonique Daniels said enough in their lawsuit to allege that DISA was their “indirect employer,” the court said, also denying ...