Pre-Employment Testing for Drugs and Alcohol

The use of legal and illicit drugs or alcohol may fall within the definition of handicap under the Ontario Human Rights Code:

• where an individual's use of drugs or alcohol has reached the stage that it constitutes an addiction or dependency; and
• where an individual is perceived as having an addiction or dependency due to drug or alcohol use.

Since the testing for drug or alcohol use amounts to a "medical examination", the Ontario Human Rights Commission requires that:

• medical examinations should only be administered after a conditional offer of employment has been made, preferably in writing;
• any employment related medical examinations or inquiries are to be limited to determining the individual's ability to perform the essential duties of a job.

Should you require legal assistance, please email us at lawyers@grosman.com

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