pre-employment testing

Pre-employment drug and alcohol testing

December 7, 2015 Alison J. Bird Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

The law of drug and alcohol testing in Canada is in a state of evolution. While the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper Ltd., provided important guidance on the strict standard that employers must meet in order to subject employees to random testing, it raised many questions regarding how those principles would be applied to other forms of testing.

bona fide occupational requirement, drug and alcohol use, employment law, impaired at work, law of drug and alcohol testing, positive post-incident tests, pre-employment testing, random testing, Supreme Court of Canada

Pre-hiring accommodation

July 7, 2011 Rudner Law, Employment / HR Law & Mediation Human Resources, Human Rights, Recruiting and Hiring

As most of us are aware, the Human Rights Code prohibits discrimination in the context of employment, and applies both during the employment relationship and in the hiring process. Most of us would take it as a given that you cannot make hiring decisions based upon grounds such as race, religion, gender, or disability. However, it is not quite as widely understood that the duty to accommodate an individual applies even to those who are not yet employees.

alcohol and drug testing, Disability, discrimination, discrimination based upon protected grounds in the hiring process, DM v. Toronto District School Board, duty to accommodate, duty to accommodate applicants, employment law, employment relationship, failed to accommodate, gender, hiring decisions, hiring process, human rights code, human rights legislation, learning disability, Ontario Human Rights Tribunal, pre-employment testing, race, religion