On
In Fisher v.
Shortly thereafter, Airgas selected Fisher for a random drug test, which the drug testing vendor
Airgas terminated Fisher for marijuana use, and Fisher sought reinstatement, arguing that the positive test was caused by the hemp and was mislabeled as positive for marijuana use. Airgas denied reinstatement, and Fisher sued, claiming that his firing was motivated by disability discrimination. Airgas argued that it fired Fisher because it had an "honest belief" that Fisher had used marijuana, as reported by
The "honest belief doctrine" holds that if an employer had an honest belief regarding its nondiscriminatory reason for a discharge decision, the reason would not be deemed to be a "pretext" for unlawful discrimination, even if the evidence later demonstrates that the belief was mistaken. However, the honest belief doctrine requires that the employer must make a "reasonably informed and considered decision" based on the "particularized facts" before the employer in order to successfully rely on the honest belief doctrine. Here, the Sixth Circuit held that Airgas could not take advantage of the honest belief doctrine because Airgas failed to inquire of
This case again highlights the value of engaging in a reasonable investigation regarding what the employer perceives to be misconduct justifying termination before making a termination decision.
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