holding that “[i]n deciding whether an employer reasonably relied on the particularized facts then before it,” this court “do[es] not require that the decisional process used by the employer be optimal or that it left no stone unturned. Rather, the key inquiry is whether the employer made a reasonably informed and considered decision before taking an adverse employment action”
How later courts described this case
- holding that “[i]n deciding whether an employer reasonably relied on the particularized facts then before it,” this court “do[es] not require that the decisional process used by the employer be optimal or that it left no stone unturned. Rather, the key inquiry is whether the employer made a reasonably informed and considered decision before taking an adverse employment action”
- finding that, if.the plaintiff can show that .the employer’s decisional process was “unworthy of credence” by producing “sufficient evidence to establish that the employer failed to make a reasonably informed and considered decision before taking its adverse employment action,” then the honest-belief defense does not apply
- recognizing that an employer may take an adverse employment action against an employee based on an erroneous belief that the employee has engaged in misconduct, provided that the employer honestly believed that such misconduct had occurred and its belief was reasonably based on particularized facts
- stating that where “the employer failed to make a reasonably informed and considered decision before taking its adverse employment action, thereby making its decisional process “unworthy of credence,” then any reliance placed by the employer in such a process cannot be said to be honestly held.”
Written by the judges who cited it.
The opinion
CLAY, Circuit Judge,
concurring.
I concur with the majority’s decision to affirm the district court’s judgment. However, I write separately because I disagree with the majority’s holding that Chrysler could not have reasonably believed that Smith lied on his Self-Administered Medical History (“SAMH”) form when he indicated that he had never suffered from “unusual tiredness or fatigue.”
The majority states that Chrysler (Michael) could not have reasonably believed *810 that Smith had lied on the SAMH form, “[g]iven the general understanding of the words ‘tiredness’ and ‘fatigue’ as defined in the dictionary as opposed to the unknown etiology of narcolepsy .and its accompanying symptoms, ... (based solely on the comment 'of the union representative) without further investigation.” I disagree with the majority’s conclusion for three reasons.
First, I fail to see how the fact that narcolepsy may be a disease of unknown etiology (origin or source) has any relevance to the matter at hand. The origin or source of the disease is not at issue. Rather, it is the clinical manifestations of the disease for which we take notice; namely, “uncontrollable sleepiness”, see IsselbaoheR et al., Harrison’s Principles of Internal Medioine 129 (9th ed.1980), and whether it is reasonable for a lay person to believe that someone afflicted with this disease should answer affirmatively when asked if they suffer from “unusual tiredness or fatigue.”
In addition, although I agree with the majority’s reliance on Harrison’s Principles of Internal Medicine as a source of reference for medical conditions, I disagree with the majority’s interpretation of Harrison’s description of narcolepsy. A more thorough reading of Harrison’s description of the characteristics of this disease indicates:
The essential characteristic of narcolepsy is uncontrollable sleepiness. Many times a day the individual is assailed by an uncontrollable desire to sleep. The eyes close, muscles relax, breathing slows, and the person appears to be dozing. A noise or a touch is enough to awaken these individuals, and they may feel refreshed momentarily. As a rule the condition begins in adolescence or early adult life. The periods of sleep may occur at any time of day, especially when the patient is physically inactive. The impulse to sleep is so insistent that the victim may be unable to sit through a single class in school or a meeting without at once falling asleep. A given period of sleep usually lasts up to 15 min, seldom as long as an hour unless lying down. At the onset, there may be blurring of vision, diplopia, and ptosis which may raise the question of an ophthalmologic disorder. The condition is often associated with cataplexy (70 percent of cases), sleep paralysis (50 percent), and hypnagogic hallucination (25 percent).
ISSELBAOHER ET AL., HARRISON’S PRINCIPLES OF Internal Medioine 129 (9th ed.1980) (emphasis added).
. Finally, I disagree with the majority’s statement that Michael’s belief was “based solely on the comment of the union representative.” Michaells belief was also grounded on a lay person’s common understanding of this disease and, based upon the thorough description from Harrison’s, as noted above, I find her belief to be reasonable and based upon fact as opposed to unfounded stereotype.
Therefore, although I agree that the district court properly granted Chrysler’s motion for summary judgment and would therefore affirm the court’s judgment, I believe that each of the reasons given by Chrysler for Smith’s discharge were legitimate and non-discriminatory.