Employers have the legal duty to investigate anytime there is a complaint of harassment, discrimination or other potential legal violation is received. The legal requirement for workplace investigations is specified under Bill 132.
In 2017, the Parliament of Canada (Parliament) passed the Genetic Non-Discrimination Act which established various prohibitions on genetic testing related to diseases.
Employers making dismissal decisions would be best served with employment contracts that grant flexibility in these circumstances with a properly drafted layoff clause. Why? Because the current pandemic has proven that we are not always as prepared as we think we are and must always be prepared for the unexpected.