Schools
Discrimination Lawsuit Against Marian Catholic Dismissed
Seven students claimed they were discriminated against through a random drug test.

CHICAGO HEIGHTS, IL - Marian Catholic High School has prevailed again in the case of seven expelled students who claimed they were racially discriminated against when they were randomly selected to take drug tests. The Seventh Circuit Court of Appeals in Illinois agreed with the ruling of a lower court in dismissing a lawsuit filed on behalf of the expelled students, according to media reports.
The students, six African-American and one Caucasian, claimed racial discrimination when the school selected them for a random drug test.
They all tested positive for cocaine and other drugs in the test that used hair follicles. Part of their argument was that the testing was flawed and outside urine tests all came up negative results from the students.
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According to WTVBAM, they also claimed the company that performed the test knew that hair products used by African-Americans would sometimes result in false positives and that they refused to change their protocol.
The judge in the appellate case noted that even if the testing was flawed, it was a “far cry” from the claim that the discrimination was based on race, according to a Chicago Tribune report.
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Marian Catholic has instituted random drug tests for years and tests every student once a year. Punishment for positive tests range from counseling to expulsion.
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