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Random and pre-employment drug testing of
public employees is a human rights violation and not allowed under the Canadian
Human Rights Act, the federal Canadian Human Rights Commission announced this
week. Their decision strikes down suspicionless drug testing policies for
federally regulated workers, such as bank employees and airline pilots.
"Positive drug tests simply confirm an
individual's previous exposure to drugs, not whether the person is capable of
performing the essential requirements of their job," the CHRC stated in a press
release. The Canadian Human Rights Act prohibits discrimination based upon
disability or perceived disability, and drug and alcohol dependency are
considered disabilities under the law.
Policies that result in an employee's
automatic loss of employment, reassignment, or that "impose inflexible
reinstatement conditions without regard for personal circumstances" are also
likely in violation of the law, the Commission found.
Post-accident testing, workplace drug
testing or "reasonable" cause, and random alcohol testing for safety-sensitive
employees are generally acceptable under the law, the Commission said.
For more information, please contact Paul
Armentano or Allen St. Pierre of The NORML Foundation at (202) 483-8751. The
Canadian Human Rights Commission's report is available online at:
http://www.chrc-ccdp.ca/news-comm/2002/NewsComm071002.asp?l=e
Source: NORML Foundation
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