Amy Epstein Gluck quoted in Bloomberg Law about employers being urged to be careful when acting on drug test results

In this article analyzing a recent federal appeals court ruling related to a disabled worker’s positive drug test, Pierson Ferdinand partner and Employment and Labor Chair Amy Epstein Gluck discusses the business-friendly “honest belief” defense to employment claims and when the doctrine is most successful and helpful to employers.

Further, the honest belief rule suggests that just because the employer was ultimately wrong, it doesn’t mean that the reason for the action was pretextual and actually the product of illegal discrimination. “The rule, however, enforces the idea that employers must have legitimate, nondiscriminatory bases for an adverse action,” Epstein Gluck said.

“Employers Urged to Be Careful Before Acting on Drug Test Results,” Bloomberg Law (February 6, 2024).