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When an Honest Belief Isn't Enough: Courts Consider "Honest Belief" Rule in Employment Litigation

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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.

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