Addiction & Termination: When Is It Appropriate To Fire An Addicted Employee?

Originally published 11 October 2017

Human rights laws prohibit discrimination on the grounds of disability. Addiction is considered to be a disability and, as such, an employee cannot be fired for being addicted to substances such as drugs or alcohol. In fact, employers are required to accommodate employees who suffer from addiction to the point of undue hardship. In most cases, such accommodation takes the form of allowing the employee to take time off to seek treatment. Accommodation may also require the employer to assist the employee (with the guidance of their medical professionals) with their treatment program when the employee returns to work.

What about addicted employees who breach company policy on a safety-sensitive work site? Is the employer justified in firing an employee when the employee tests positive for substances after being involved in a workplace accident? It depends on how the employer has dealt with the issue. The Supreme Court of Canada