Human Rights Law – Page 20 – Schenk & Associates

Substance Abuse in a Safety Sensitive Workplace

Employees with substance abuse issues are a nightmare for employers charged with a workforce operating in a safety sensitve workplace. Employers must accommodate such employees to the point of undue hardship. Having said that what is undue hardship in a…

Third Party Drug Policy

by Johannes Schenk / On January 30, 2006 / In Human Rights Law, Labour Law

It is often the case that an employer will enter into an arrangement with another entity that will require the employer's workers to conform to other entity's policy and workplace rules. What if those rules conflict or encroach upon matters…

Obesity as a Disability

by Johannes Schenk / On January 23, 2006 / In Employment Law, Human Rights Law, Labour Law

The Canadian Federal Court of Appeal recently considered the matter of whether obesity is a disability in McKay-Panos v. Air Canada, [2006] F.C.J. No. 28. The case is an appeal from a decision of the Canadian Transportation Agency which held…

Random Drug Testing

by Johannes Schenk / On January 20, 2006 / In Employment Law, Human Rights Law, Labour Law

Entrop dealt with the issue of random drug testing in the work place. The main and lasting idea that came from this case was "drug testing for cause". Imperial Oil Ltd. and C.E.P., Loc. 900, 138 L.A.C. (4th) 122, is…

New York City Monitoring Diabetics

by Johannes Schenk / On January 11, 2006 / In Human Rights Law, Municipal Law

Wow. According to the Washington Post, New York City health labs will be required to report blood sugar test results to the city health department. The results will be monitored for the purpose of tracking the disease and patients and…

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