The Alberta Human Rights and Citizenship Commission receives many inquiries from employers, employees, job applicants and unions about drug and alcohol testing and about the employer’s duty to accommodate drug and alcohol dependencies in the workplace. Courts and human rights tribunals have acknowledged that drug and alcohol dependencies are medically recognised disabilities under human rights law. Therefore, sufferers are protected by the Alberta Human Rights, Citizenship and Multiculturalism Act, on the grounds of mental and physical disability.
To simplify the inquiry process, the commission has developed a publication (in PDF) to provide current information about how human rights law impacts drug and alcohol dependencies in Alberta workplaces. Specifically, the purpose of the document is to:
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Clarify the Commission’s role in preventing discrimination against employees who have drug and alcohol dependencies
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Outline the situations in which an employee may have the basis to make a human rights complaint related to drug and alcohol dependencies in the workplace
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Provide information about when and individual may make a complaint about a potentially discriminatory drug and alcohol policy
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Provide information about the responsibilities of the employer and employee in the accommodation process
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Inform the public that the commission does not have jurisdiction to tell an employer when or whether they can require a drug or alcohol test
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Define the difference between recreational drug and alcohol use and drug and alcohol dependencies
2 responses so far ↓
Malcolm // Mar 5, 2009 at 9:46 am
I think this should be case by case. Many people drink but once it starts to effect you at work than something must be done.
dimackay // Jan 17, 2010 at 10:38 pm
Drug use seems to have become much more prevalent in our society. Marijuana use has become somewhat acceptable, and although the company I work for has a “zero tolerance” policy – we are finding it difficult to qualify where daily use fits in.
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