disability–based discrimination

Can my employer dismiss me due to my unseen disability?

October 28, 2019 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

Employers should investigate further before immediately dismissing employees for violating workplace drug and alcohol policies. An employee’s diagnosis of substance dependence would be considered a disability, which is a protected ground under the Canadian Human Rights Act (CHRA) for federally regulated employers.

alcohol use disorder, disability accommodation, disability–based discrimination, discrimination based on disability, discrimination on the basis of disability, employment of persons with disabilities

5 questions to consider when exploring the duty to accommodate

August 14, 2019 Occasional Contributors Employee Relations, Human Resources, Human Rights, 0

Canadian human rights law also imposes a duty to accommodate. This requires employers to ensure that persons with characteristics protected under the Code are not unfairly excluded where working conditions can be adjusted.

bona fide occupational requirement, disability–based discrimination, discrimination in employment, duty to accommodate, duty to accommodate an employee with a disability, employment law, flexibility, physical or mental disabilities, prohibited grounds of discrimination, protected grounds of discrimination

Business and booze: Dealing with alcohol in the workplace

March 17, 2017 Vey Willetts LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Source Deductions and Reporting, Union Relations, Wages and Compensation

The relationship between employee alcohol use and work is complex. In Ontario, there are specific legal obligations which apply, and employers must exercise caution. Without a proper understanding of their legal obligations, employers face a minefield which may unwittingly result in unwanted liability.

alcohol, alcohol addiction, alcohol testing, alcohol use in the workplace, breathalyze employees, disability–based discrimination, drinking during working hours, drinking on the job, employee alcohol use, employee discipline, Volchoff v. Wright Auto Sales, workplace alcohol policies, wrongful dismissal, “zero-tolerance” policy

Dealing with marijuana in the workplace

February 3, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

I am increasingly being asked to speak about this subject at HR conferences, as employers are concerned about the practical implications of medical marijuana and how employees using it should be treated. The issue of marijuana in the workplace has generated a lot of attention, but what have our courts, arbitrators and tribunals said about it? A review of decisions addressing dismissal for workplace usage or possession of marijuana shows an inconsistent treatment which is consistent with the early stages that we are in.

Brown v Bechtel Canada, disability–based discrimination, discrimination, drug and alcohol testing, employment law, French v Selkin Logging, marijuana, marijuana in the workplace, marijuana–related terminations, medical marijuana, Old v Ridge Country Contracting, safety-sensitive position, smoking marijuana at the workplace, termination