Kavitha Gupta's blog

  What is an employer to do when it makes an employment decision based on mistaken information? Historically, employers have been able to rely on the "honest belief" doctrine to demonstrate that while the information it relied on was incorrect, it was not a pretext for unlawful discrimination. The Eighth and Eleventh Circuit Courts of Appeal will be hearing cases that question the continued application of the "honest belief" doctrine. We will discuss the current state of the law and what the future may hold for employers. https://youtu.be/RAIkvJlRnfQ This is a web-based program that connects audio through computer or cellular device by Internet connection. Continuing Education Credit: This program is pending CLE credit approval in the state of Tennessee. It has been submitted to the HR Certification Institute and SHRM for review.

  Leverage the 'Honest Belief Rule' When Conducting Workplace Investigations Barnes & Thornburg LLP USA   June 10 2022 Conducting investigations of disputed workplace events is a routine responsibility for HR leaders. Faced with disputed facts, employers can make reasonable fact determinations based on a diligent investigation and still obtain summary dismissal of a discrimination claim. A recent U.S. Court of Appeals for the Sixth Circuit decision confirms how employers can best assure that the results of their investigations are respected and upheld. In  Rafee v. Volvo Group North America, LLC , Case No. 21-5891 (June 3, 2022), the plaintiff supervisor was terminated for directing combative behavior and profane language to a direct report for failing to complete a task assigned to him. During the investigation, the employee who was yelled at neither confirmed nor denied the allegations, but instead was dismissive of them. The supervisor completely denied the inciden...