First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

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Denial of coverage for medical marijuana under employee benefit plan found to be discriminatory

The Nova Scotia Human Rights Commission Board found the Trustees’ justifications for denying an employee's request for coverage to be “wholly inadequate.” The Plan provided coverage for “reasonable and customary charges incurred for medically necessary drugs and medicines” obtained legally by prescription, and did not require a DIN as a condition of coverage.

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Employee unable to show dismissal was discriminatory

The British Columbia Human Rights Tribunal recently denied an employee's complaint alleging that his employer discriminated against him on the basis of a physical disability. The Tribunal denied the employee’s complaint because there was no link between the employee’s alleged chronic pain and his use of marijuana.

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The duty to accommodate: When is the point of undue hardship reached?

Under human rights legislation, employers have a duty to accommodate an employee’s needs related to a prohibited ground of discrimination to the point of undue hardship. It can often be difficult for employers and their legal counsel to assess when the point of undue hardship is reached.

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Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.

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