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OHRC and HRPA webinar on drug and alcohol testing

Webinar Information

OHRC and HRPA webinar on drug and alcohol testing

Drug and alcohol testing webinar

November 03, 2016 at 12:00 pm

30 minutes

OHRC and HRPA webinar on drug and alcohol testing for HR professionals.

English

Policy on drug and alcohol testing 2016

The Ontario Human Rights Commission (OHRC) recognizes that it is a legitimate goal for employers to have a safe workplace. Safety at work can be negatively affected by many factors, including fatigue, stress, distractions and hazards in the workplace. Drug and alcohol testing is one method employers sometimes use to address safety concerns arising from drug and alcohol use. Drug and alcohol testing has particular human rights implications for people with addictions. Addictions to drugs or alcohol are considered “disabilities” under the Ontario Human Rights Code (Code). The Code prohibits discrimination against people with disabilities and perceived disabilities in employment, services, housing and other social areas.

Drug and alcohol testing (brochure 2016)

The Ontario Human Rights Code

The Ontario Human Rights Code (Code) provides for equal rights and opportunities and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario.

The Code prohibits discrimination against people with disabilities and perceived disabilities in employment, services, housing and other social areas. Under the Code, disabilities include addictions to drugs and alcohol.

Summary: Hamilton-Wentworth District School Board v. Fair

On May 31, 2016, the Court of Appeal for Ontario[1] unanimously upheld decisions by the HRTO, which had found that Sharon Fair (Fair) had been subjected to employment-related discrimination by the Hamilton-Wentworth District School Board (the School Board) and had ordered compensation for special and for general damages ($30,000) as well as an order for Fair’s reinstatement. The HRTO’s decisions had earlier been upheld by the Divisional Court.

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