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pre-employment testing

By Alison J. Bird | 2 Minutes Read December 7, 2015

Pre-employment drug and alcohol testing

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.

Article by Alison J. Bird / Employee Relations, Health and Safety, Human Rights / 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

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read July 7, 2011

Pre-hiring accommodation

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.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Human Rights / 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

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