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disability–based discrimination

By Devry Smith Frank LLP | 2 Minutes Read October 28, 2019

Can my employer dismiss me due to my unseen disability?

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.

Article by Devry Smith Frank LLP / Employee Relations, Human Rights / alcohol use disorder, disability accommodation, disability–based discrimination, discrimination based on disability, discrimination on the basis of disability, employment of persons with disabilities

By Occasional Contributors | 4 Minutes Read August 14, 2019

5 questions to consider when exploring the duty to accommodate

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.

Article by Occasional Contributors / Employee Relations, Human Rights / 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

By Vey Willetts LLP | 3 Minutes Read March 17, 2017

Business and booze: Dealing with alcohol in the workplace

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.

Article by Vey Willetts LLP / Employee Relations, Health and Safety, Human Rights, Payroll, Privacy, Union Relations / 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

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