Employers Urged to Be Careful Before Acting on Drug Test Results

A recent federal appeals court ruling against Airgas USA LLC related to a disabled worker’s disputed positive drug test result sends a warning to companies about exercising due diligence before taking adverse employment actions, attorneys say.

The US Court of Appeals for the Sixth Circuit’s Jan. 31 order rejected Airgas’ argument that it had an “honest belief” that employee Murray Fisher used marijuana because it relied on information from a third-party drug screening company.

The doctrine shields companies from liability for allegedly discriminatory employment actions if they offer legitimate reasons based on incorrect information that they reasonably trusted at the ...