Discrimination on the Basis of Addiction? Not Where Employee Capable of Complying with Workplace Rules
In a decision released on June 15, 2017, the Supreme Court of Canada has held that an employer did not discriminate against an employee when it terminated his employment for failing to disclose his use of cocaine.
Dealing with Mental Health Issues in the Workplace
Frustrated by a labyrinth of privacy laws and human rights barriers, employers have become reluctant or sometimes unable to ascertain the mental health of their employees, including those that they suspect of being unstable. But today, Canadian employers are beginning to recognize the benefits and explore the opportunities.
Bona Fide Occupational Requirement
As an employer, you may lawfully discriminate, based on an otherwise prohibited ground, if you can prove legitimate business reasons. However, you must be able to demonstrate that the workplace rule, policy, standard or criteria relied upon is a "bona fide occupational requirement."