Public Health Ontario estimates that at least 6 million Canadians will have a substance use disorder in their lifetime. Sadly, many of these people will lose their jobs because of addiction. At Simcoe, one of the most common questions we get about addiction and employment is, “Can you be fired for drug addiction?” The good news is that Canadian employers can’t fire someone for having an addiction. At least, an employer can’t fire someone based on a substance use disorder alone. In some circumstances, drugs and alcohol can get you into trouble at work. It all depends on whether drinking or drug use violates an employer’s work policies. This guide will help employees understand their rights regarding alcohol, drug use, and termination. Keep reading to learn about Canada’s addiction and employment laws.
Addiction and Employment
Canada’s human rights laws prohibit employers from discriminating against employees with disabilities. Importantly, Ontario and the rest of Canada recognize mental health conditions as disabilities.
Ontario’s Human Rights Commission considers alcohol use disorders and addictions to illegal drugs as mental illnesses. As such, people with these conditions also have a disability.
The Human Rights Commission distinguishes between addiction and casual use. In the eyes of discrimination law, addiction is different from casual use. Society treats people with substance use disorders adversely due to perceptions about “addicts.”
Recreational drug and alcohol users do not have this same stigma. As such, human rights laws do not consider casual drug or alcohol users disabled. So, casual users may not have the same protections as addicts.
What kind of protections do drug addicts receive? For one, employers must make reasonable accommodations for people with disabilities, including addicts. Additionally, employers can’t discriminate against employees with substance use disorders based on their addiction alone.
Drug and Alcohol Policies
What does it mean to discriminate based on addiction alone? Employers can’t fire someone just because they have an alcohol or drug problem.
Instead, employers can only fire workers with substance use problems if they violate work policies. Many employers enforce alcohol and drug policies in the workplace to promote safety for the individual and their peers.
Stewart v Elk Valley Coal is a Supreme Court case that gives precedent on this topic. In 2017, a former employee of Elk Valley Coal Corp sued. The employee claimed Elk Valley discriminated against him when they fired him.
Elk Valley fired the employee after a mining accident. Company policy mandated that all employees get drug tested after workplace accidents. The employee then tested positive for cocaine.
Importantly, the company had a pre-existing drug and alcohol policy. The policy stated that all employees must disclose drug and alcohol use. As long as they disclosed it, there would be no disciplinary action.
However, say the employee did not disclose their addiction and got involved in a workplace accident. After the accident, the employee tested positive for drugs or alcohol. In that case, the employee could get fired.
Ultimately, the Supreme Court of Canada decided the case in Elk Valley’s favour. The court ruled that Elk Valley did not discriminate against the employee when they fired him. Instead, Elk Valley fired the employee because he violated the company’s drug and alcohol use policy.
Of course, employees can legally use prescription medications, even in the workplace. Still, workers must have a valid prescription and use the medication according to a doctor’s guidelines.
Also, medical cannabis qualifies as a legal prescription. However, the Non-Smokers’ Health Act and The Cannabis Act forbid people from smoking or vaping cannabis in the workplace.
Work Performance Policies
Violating an employer’s drug and alcohol policy is not the only way to get fired for addiction. In Canada, employers have a legal right to set standards around work performance and competency.
Employees not adhering to these minimum standards may be subject to disciplinary actions. An example of a minimum standard is that all employees must work a five-day week or abstain from impairment.
At the same time, employers must provide special accommodations for disabled workers. People with substance use disorders have a disability. So, they can also request reasonable accommodations, which may include:
- The ability to work different hours
- Assignment to lower-stress or lower-risk job roles
- Access to employee assistance programs
Employers may provide reasonable accommodations for employees with addictions by providing benefits for addiction treatment programmes. Say an employee takes advantage of this benefit. In that case, the employer must also provide job protection while the worker is on leave.
As long as employers provide these accommodations, they can apply the minimum work performance policy to disabled workers. However, they must enforce the standard with all workers equally.
For example, say two employees missed too many days of work. One employee missed work because they were ill and ran out of sick days. The other employee missed work because of their substance use disorder.
Consider what would happen if the employer fired the second employee but not the first. A court of law could view this as discrimination because they did not equally apply the work performance standard.
Drug Screening for Workplace Impairment
Employers can’t legally dictate what workers do outside of work hours. However, many employers set standards that apply to working hours. These standards typically include rules around workplace impairment.
Being drunk or under the influence of drugs qualifies as workplace impairment. Intoxicated workers put themselves and others in danger.
For this reason, certain workplaces have the legal right to enforce drug testing policies. Legal drug tests in Canada come in four forms:
- Pre-employment drug tests
- Reasonable cause drug tests
- Post-incident drug tests
- Random drug tests
All employers can legally enforce reasonable cause drug tests. A reasonable cause drug test requires the employer to suspect a worker of workplace impairment. Suspicion can come from the worker’s actions or behaviour.
Pre-employment and post-incident tests are only legal for certain types of job roles. These job roles are also known as safety-sensitive positions. Safety-sensitive positions feature projects where impairment could impact their or others’ safety.
Canada does not prefer random drug testing except in extreme situations. A safety-sensitive job role is not a sufficient reason for random drug tests. A workplace with many impairment incidents may qualify for random drug tests, but only sometimes.
Employers must mention drug testing requirements in the drug and alcohol policy. The workplace policy must also detail the consequences of failing a drug test.
What if an employer fails to provide these pieces of information? It could bar them from firing employees for workplace impairment.
What Are Employers’ Responsibilities Regarding Workplace Impairment?
Employers’ responsibilities regarding workplace impairment are the duty to inquire and the duty to accommodate.
The duty to inquire requires employers to investigate cases of suspected workplace impairment. The duty to accommodate requires employers to provide reasonable adjustments for disabled workers. Again, substance use disorders are disabilities in Canada.
Employers are also responsible for protecting workers from potential hazards. Intoxicated employees can be hazardous to themselves and others.
Further, employers who wish to enforce drug testing policies are responsible for including this information in the workplace policy. They must also distribute and ensure all workers understand the policy.
Guidelines around drug testing policy encourage employers to provide the following information:
- Which employees the policy applies to (e.g., only employees in safety-sensitive positions or all employees?)
- Which substances the policy prohibits (e.g., alcohol, drug, or both?)
- What actions breach the policy (e.g., being impaired at work, after-work functions, or both?)
- When the policy takes effect (e.g., upon employment, after a workplace accident, or something else?)
- The consequences of breaching the policy (e.g., termination, treatment, or something else?)
Without this information, it can be challenging for employers to enforce drug and alcohol policies.
What Are Employees’ Responsibilities Regarding Workplace Impairment?
Employees’ responsibilities regarding workplace impairment include the duty to disclose and the right to ensure their safety and the safety of others.
The duty to disclose refers back to the Supreme Court case we mentioned earlier. Employees must tell their employers about their addiction. However, they only have the duty to disclose if their addiction presents a safety risk.
Finally, employees have a responsibility to report safety violations. Workplace impairment can be a safety violation. If workers fear for their safety due to a peer’s intoxication, they have the right to report it or refuse work.
Many employees fear reporting their peers for impairment. The Internal Complaint resolution process is an alternative way to report the incident. This process may be more favourable because it better protects the impaired worker.
What Is the Law for Employers Regarding Substance Misuse?
The law for employers regarding substance misuse is that workers have protection from disability-based discrimination. In Canada, addiction is a disability. So, workers can’t get fired for having addictions.
Workers can only get fired for drug-related violations of workplace policies. For example, say an employer’s policy states that the consequence of workplace intoxication is termination.
Employees who come to work high on drugs are eligible for termination. In this case, the employer has a legal right to fire the worker because they violated the workplace policy.
Canada encourages employers to put rehabilitative programs in place. Ideally, employers would offer treatment or education for their workers. Canada’s laws prefer this over terminating workers.
Can You Be Fired for Being an Alcoholic in Canada?
No, you can’t be fired for being an alcoholic in Canada. Like drug addiction, alcohol use disorder is a disability. It is illegal for employers to fire a worker because of their disability.
However, people can still lose their jobs over alcohol. For example, consider an alcoholic who works for a company with a strict workplace impairment policy. Any worker found intoxicated on the job is subject to immediate termination.
In this case, coming to work drunk would be grounds for firing. It would not be discrimination because of the precedent Stewart v Elk Valley Coal Corp set in 2017.
How to Avoid Losing Your Job as an Addict
The best way to avoid getting fired for a drug or alcohol addiction is to use your duty to disclose. Talk to a trusted manager or supervisor about your drug or alcohol problem.
Again, an employer can’t fire you for disclosing this information. Firing an employee for disclosing their addiction is discrimination.
After informing your employer, the next step is to seek treatment. Check your employer’s drug and alcohol policy. There may be information about treatment or treatment-related leave.
It may feel impossible to overcome addiction on your own. Addiction treatment centres like Simcoe are here to help. You can finally get your life back on track and stop worrying about getting fired for drug or alcohol use.
So, Can You Be Fired for Drug Addiction?
No, you can’t be fired for drug or alcohol addiction in Canada. Employees can get fired for drug and alcohol-related offences if they violate workplace policies. However, these policies must state the potential consequences of that violation and enforce these consequences equally across the workforce.
Are you tired of wondering, “Can you be fired for drug addiction?” If so, it is time to seek addiction treatment in Ontario. Simcoe Addiction and Mental Health offers detox services, outpatient treatment, and more.
Contact Simcoe to learn more about our programmes and get the help you need.
