medical marijuana card

No obligation to let employee smoke marijuana at work as a form of accommodation

August 28, 2015 Christina Catenacci Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

The British Columbia Human Rights Tribunal, in French v Selkin Logging, found that an employer did not discriminate based on the ground of physical disability by refusing to allow the employee from smoking marijuana at work. The company’s zero-tolerance policy for drugs constituted a bona fide occupational requirement (BFOR).

BFOR, bona fide occupational requirement, British Columbia Human Rights Tribunal, Disability, discrimination, Discrimination based on the ground of physical disability, duty to accommodate, employer’s legitimate management rights, employment law, marijuana, marijuana smoking on the job, medical marijuana card, policy and procedures, prima facie discrimination