5
The Decision to Hire Once the desired candidate is found, can a job offer be contin-
gent on the results of pre-employment drug or alcohol testing and/or a back- ground check?
Drug or Alcohol Testing In most workplaces, pre-employ- ment drug and alcohol testing is not
o permissible, even when the position Traffic Act).
owever, informat on disclosed
f a prov ncial offence (e.g., Highway could involve health and safety risks.
Thi Hs is because refusing to hire a can- tdidate on the basis of a positive test re- mployer to a claim of discrimina- ory hiring. For example, a report re- ealing several convictions for drug- ated offences may result in an egation that the employer did not hire the candidate due to an actual or p unable to perform the essential du- sability (both are protected disabil- ties under human rights legislation).
hrough a criminal check can expose asuln et potentially discriminates against t the candidate on the basis of a disabil- vity (addiction) or perceived disability r (ealssumed addiction).
all A positive drug test also does not necessarily indicate the candidate is
erceived drug addiction or mental dtiies of the position, n r do s it predict i whether the candidate will be im-
paired while performing work in the future.
Best advice? Seek out and review
only information that is “necessary” to have rather than information that is “nice” to have.
Criminal Background Check A criminal record background
British Columbia, Ontario, Quebec, Newfoundland, Prince Edward Island T and potentially Manitoba (not yet de- eral information purposes only and does ot constitute legal or other professional ad- ice. Reading this article does not create a law- er-client rel tionship. Readers are advised to In British Columbia, it is generally cis on or course of action contemplated. ###
Leah M. Simon and Carissa N. Tanzola are law- yers with Sherrard Kuzz LLP. To reach them contact 416-603-0700 (main), 416-420-0738 (24 hour), or visit
www.sherrardkuzz.com.
check is traditionally sought where the position of employment is also a position of trust involving money, chil- dren, personal safety, etc. Human rights legislation in
he information in this article is provided for gteenrmined) prohibit discrimination in n employment on the basis of a criminal v record. However, the scope of the pro- yhibition varies.
seek specific legal advice in relation to any de- discriminatory to refuse to hire a can- didate because the candidate has been charged or convicted of a criminal or summary conviction offence unrelated to the employment.
In Ontario, it is not discrimina-
tory to refuse to hire a candidate on the basis that the candidate has been charged with a criminal offence re- gardless whether the charge is related to the employment. It is also not dis- criminatory to refuse to hire a candi- date on the basis of a criminal record, unless the candidate has been granted a pardon or the offence is in respect of a provincial offence (e.g., Highway Traffi c Act). However, information disclosed
through a criminal check can expose an employer to a claim of discrimin- atory hiring. For example, a report
March/April 2013 Fitness Business Canada 37 March/April 2013 Fitness Business Canada 37
A new measure of function and comfort
• New formula for effective hygienic protection • Sustainability through durability • New sizes: now 78 inches / 200 cm long • New colors: Charcoal, Terra, Platinum
A new measure of function and comfort
More information:
www.airex-mats.com
• New formula for effective hygienic protection • Sustainability through durability • New sizes: now 78 inches / 200 cm long • New colors: Charcoal, Terra, Platinum
More information:
www.airex-mats.com a new generation of exercise mats a new generation of exercise mats
revealing several convictions for drug-re- lated offences may result in an allegation that the employer did not hire the candi- date due to an actual or perceived drug addiction or mental disability (both are protected disabilities under human rights legislation). Best advice? Seek out and review only
information that is “necessary” to have rather than information that is “nice” to have. FBC
Leah M. Simon and Carissa N. Tanzola are lawyers with Sherrard Kuzz LLP. To reach them, contact 416-603-0700 (main), 416-420-0738 (24 hour) or visit
www.sherrardkuzz.com.
The information in this article is provided for general information purposes only and does not constitute legal or other professional advice. Reading this article does not create a lawyer-client relationship. Readers are advised to seek specifi c legal advice in relation to any decision or course of action contemplated.
www.wvc.ch www.wvc.ch
Visit us at IHRSA! Booth 610 Las Vegas, March 19-22, 2013
Visit us at IHRSA! Booth 610 Las Vegas, March 19-22, 2013
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48