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ARTICLE · 18 JULY 2019

Is Sex Addiction A Disability?

Can a unionized employee be fired for masturbating at work or is there a duty for the employer to accommodate this conduct as a sex addiction?

CanadaEmployment and HR

Can a unionized employee be fired for masturbating at work or is there a duty for the employer to accommodate this conduct as a sex addiction? These were the novel questions considered in UNIFOR, Local 2215 v I.M.P. Group Limited (Aerospace Division), 2019 CanLII 42096 (NS LA).

What Happened?

In January 2016, employees complained about someone "breathing heavily, making erratic movements and moaning" while in a bathroom stall. The grievor, a long-service employee, was identified as the culprit. The employer met with the grievor to discuss these complaints. The grievor was told that if his behaviour was connected to a medical issue, he should let the company know. The conduct stopped for a time.

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