The recent court ruling against Airgas USA LLC, where a disabled employee challenged a positive drug test, serves as a stark reminder to employers globally, particularly large corporations and law firms, underline the indispensability of conducting diligent vetting of drug test results prior to acting against employee interests. Legal professionals advise employers to approach situations like these with a high degree of care to avoid potential liabilities.
In this particular case, the company dismissed an employee, Murray Fisher, following a positive drug test. However, the US Court of Appeals for the Sixth Circuit denied Airgas’s argument relating to its “honest belief” that Fisher used marijuana. The court stated that the employer’s reliance on a third-party drug screening company does not relieve the obligation for a due process of review before implementing significant employment decisions.
Even though companies may have an “honest belief” about the legitimacy of third-party information, this case suggests that it does not free them from a duty to independently verify the drug test results. This underscores the need for employers to be careful and clear when dealing with third-party vendors.
While it’s undeniable that employers must be able to trust their staff, it’s equally essential that they ensure the accuracy of the information they base their decisions upon. Going forward, employers should be prepared to engage in deeper due diligence – beyond mere trust – before they undertake any significant employment actions based on ‘third-party’ data. For more details, visit the original article here.