Available on Alberta Law Review Website
A brief discussion of pre-employment drug testing. Discusses the law on when a drug dependency is required to be accommodated, the justification for drug testing, and the workplace health and safety plans to support testing. It discusses when pre-employment, pre-access, random drug testing and zero tolerance policies are discriminatory. It discusses the implications of medical cannabis and recreational use. Discusses a decision where the lack of cannabis testing that could determine impairment was found to be undue hardship.
Discrimination has, in Ontario cases, been prohibited in cases where the individual's obesity has been perceived to be a disability, but the author believes that 'obesity' should be labeled as a distinct prohibited category of discrimination under law.