(Download) "Drug Testing: What's an Employer to Do?(Human Rights Law)" by LawNow # eBook PDF Kindle ePub Free
eBook details
- Title: Drug Testing: What's an Employer to Do?(Human Rights Law)
- Author : LawNow
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Recently, the Supreme Court of Canada denied the Alberta Human Rights and Citizenship Commission's application for leave to appeal in a case involving pre-employment drug testing (Director of the Alberta Human Rights and Citizenship Commission, et al. v. Kellogg Brown & Root (Canada) Company May 28, 2008 No. 32505 S.C.C.). It is unfortunate that the SCC did not take the opportunity to clarify the law in this area for employers, employees, and human rights commissions. The uncertainty revolves around whether a perceived addiction to alcohol and drugs is protected under human rights legislation, and how employers can implement drug and alcohol testing policies without breaking human rights laws. Employers believe workplace drug testing ensures the safety of their workplace. Employers argue that workers under the influence of alcohol or drugs may affect the quality of the good or service, thus affecting a company's reputation, business and profitability (John Pearce and Dennis Kuhn The Legal Limits of Employees' Off-Duty Privacy Rights (2003). Employers utilize pre-employment testing as a means of risk assessment, so that they hire and promote "individuals whose lifestyle, character and employment and medical histories indicate that they will not create extraordinary risks for the company" (Pearce and Kuhn, at 381).