Academic: Journal Article
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.
Official Abstract: "The focus of this article is mental health and workplace disability discrimination in the UK. The article will look at a number of ways that disability discrimination in the UK could be developed to the advantage of people with mental health problems, through an examination of the legislation and through case analysis.The issues that are raised by disability discrimination on the ground of mental health are pertinent to all legal systems that have enacted laws to try and protect people suffering from disability discrimination.
Discusses when addiction is not considered prima facia discrimination by the SCC and the descenting opinions. Reviews the SCC decision on when a zero-tolerance policy will be upheld despite the presence of an addiction.
Looks at the perspective of persons with disabilities to identify the factors that influence their employee duty of disclosure; concerns that are considered when deciding to disclose, such as the unfair negative stigma often received, isolation or lowered expectations; highlighting barriers in the workplace that should be removed in order to address and circumvent such disclosure considerations.
Substantive approach to equality for disabled persons; using the perspective of disability rights activists and their allies; looks at SCC cases and interpretation of Charter in addressing disability issues.
Author discusses Central Okanagan School District v Renaud (1992) and encouraged cooperation between unions and employers to accommodate employee disabilities; however, subsequent tribunals have interpreted this as holding unions co-liable; author calls on SCC to clarify Renaud.
Examines the rights of persons with mental health issues when participating in the workplace, and argues that the principle of inclusion can facilitate a better understanding of discrimination complaints in order to address them appropriately.
The article addresses the tension created by the Supreme Courts's S.15 tests of adverse effects discrimination and there potential to effect the judicial definition of prima facia discrimination under human rights codes. It further discusses how this was resolved with a restatement of the test in the Moore case.
The article distinguishes between how discrimination is determined under the Ontario Human Rights Code and the Charter of Rights. An extensive discussion of the distinctions between prima facia discrimination under the codes and discrimination in a substantive sense under the Charter and the different thresholds of proof required by the claimant under each statue. Defines systemic discrimination under human rights codes.
A discussion of damages at the Ontario Human Rights Tribunal. A policy argument that current conventional damages are too low to effectively accomplish the Codes objectives. A good explanation of how damages are determined. Contrasts the damages consequences of perusing a claim iat the Tribunal vs. Court.