Termination For Drug Impairment Is Not Discriminatory

In a recent decision of the Alberta Court of Appeal, Stewart v. Elk Valley Coal Corp., 2015 ABCA 225, it was held that the termination of an employee who tested positive for cocaine in a post-incident drug test was not discriminatory.

The Decision:

The employee worked in a safety-sensitive position. He was involved in a serious workplace accident and was required to undergo a post-incident alcohol and drug test, pursuant to the employer's Alcohol and Drug Policy. The employee tested positive for cocaine and was terminated as a result. Following his termination, the employee claimed he suffered from a drug addiction. The employee filed a human rights complaint alleging that the termination was discriminatory on the basis of physical disability, namely, his drug addiction.