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.
View of adjudicator's attempt to balance between right to privacy and right to information regarding accommodation needs; discusses cases where employee refuses to provide the necessary documents during the process.
Article filters through human rights disclosure rulings in Canada; concern with levels of confidentiality awarded to persons with disabilities when providing disclosure of medical information.
The article provides a useful canvass of the junction of long term disability insurance and human rights obligations. It points out insures duties and potential grounds of possible liability (breach of contract in the accommodation process, participation or complicity in discrimination, breach of the duty to act in good faith).