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Jun 15, 2017

Supreme Court of Canada decision: Discrimination and Drug Dependency

The Supreme Court of Canada released the following decision:
Stewart v. Elk Valley Coal Corp., 2017 SCC 30, File no. 36636

(Human rights — Discriminatory practices — Discrimination based on mental or physical disability — Drug dependency — Employer’s policy aimed at ensuring safety required employees to disclose dependence or addiction issues before drug‑related incident — Employee involved in accident — Employee tested positive for drug use — Employer terminated employee’s employment pursuant to policy — Whether employee was terminated for addiction or for breaching policy — If termination constituted prima facie discrimination, whether employer met its obligation to accommodate employee to point of undue hardship — Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H‑14, s. 7(1).)


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