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Duty to accommodate. Under the Canadian Human Rights Act, employers have the obligation to accommodate to the point of undue hardship an employee who has identified as having a disease, injury or disability, including substance dependence and medical authorizations to use cannabis for medical purposes.
Employers need to ensure their workplace policies address drug and alcohol use, with attention to two competing obligations: on the one hand, employers have a duty to accommodate disabled employees, and medical marijuana is used to treat medical conditions that can constitute a “disability”.
The use of cannabis for medical purposes must be treated like any other prescription medication. An employee who has all of the necessary legal and medical authorizations to possess and use cannabis for medical purposes triggers an employer’s obligation to accommodate its use to the point of undue hardship.
Employers have a duty to accommodate an employee's needs when they are based on any of the grounds listed in the Canadian Human Rights Act. If an employer believes that an employee may be substance-dependent, everyone involved—the employee, the employer, and the union and/or employee representative—has a responsibility to approach the issue in a respectful, collaborative and timely manner.
An employer’s first question in assessing the duty to accommodate medical marijuana use is whether the employee seeking or requiring accommodation is disabled. Any individual seeking medical marijuana must obtain a medical certificate from a prescribed medical practitioner, in accordance with the Access to Cannabis for Medical Purposes regulation (SOR/2016- 230) under the Controlled Drugs ...
Employers have a duty to inquire where an employee is clearly unwell and is known to have, or perceived to have, disability needs related to cannabis use for a medical purpose or cannabis addiction. However, an organization might not be expected to accommodate a disability-related need if the person does not participate in the accommodation process.
People also ask
Do employers have a legal duty to accommodate cannabis use?
Can an employee use cannabis for medical purposes?
How can employers accommodate employees who use medical marijuana?
Can a disabled employee use medical marijuana?
Can you use medical marijuana in the workplace?
Can employers ask for medical marijuana information?
Still, employers have a legal duty under the Code to accommodate the disability-related needs of employees who use cannabis for a medical purpose, or are addicted to cannabis use. Accommodation does not necessarily require employers to permit cannabis impairment on the job.
