Analysis of the Canadian Human Rights Act :: Human Rights Canada Alcohol Trade Essays

Analysis of the Canadian human Rights ActThe Canadian Human Rights Act prohibits discrimination on the basis of dis cleverness and perceived disability. deadening includes those with a previous or existing dependence on intoxi abidetic drink or a dose. Perceived disability may include an employers perception that a persons use of alcohol or drugs makes him or her unfit to work. Because they cannot be established as bona fide occupational emergencys, the pursuit types of interrogatory argon not acceptable Pre-employment drug testing Pre-employment alcohol testing Random drug testing Random alcohol testing of employees in non-safety-sensitive positions.The following types of testing may be included in a workplace drug- and alcohol-testing program, but only if an employer can demonstrate that they are BONA FIDE OCCUPATIONAL REQUIREMENTS RANDOM alcoholic drink interrogation OF EMPLOYEES IN SAFETY bare-ass POSITIONS Alcohol testing has been found to be a reasonable requirement because alcohol testing can indicate actual impairment of ability to perform or fulfill the essential duties or requirements of the job. Random drug testing is prohibited because, given its technical limitations, drug testing can only detect the presence of drugs and not if or when an employee may clear been impaired by drug use. DRUG OR ALCOHOL TESTINIG FOR reasonable CAUSE OR POST-ACCIDENT where there are reasonable grounds to recollect there is an underlying problem of substance abuse or where an calamity has occurred due to impairment from drugs or alcohol, provided that testing is a part of a broader program of medical assessment, monitoring and support. PERIODIC OR RANDOM TESTING FOLLOWING DISCLOSURE OF A CURRENT DRUG OR ALCOHOL DEPENDENC /ABUSE PROBLEM may be acceptable if tailored to one-on-one circumstances and as part of a broader program of monitoring and support. Usually, a designated rehabilitation provider will determine whether f ollow-up testing is unavoidable for a particular individual. MANDATORY DISCLOSURE OF PRESENT OR by ALCOHOL DEPENDENCY/ABUSEmay be permissible for employees place safety-sensitive positions, within certain limits, and in concert with accommodation measures. Generally, employees not in safety-sensitive positions should not be required to disclose past alcohol or drug problems.Under these limited circumstances where testing is justified, employees who test dogmatic must be accommodated to the point of undue hardship. The Canadian