A Human Rights Tribunal adjudicator found an employer was committed to finding a way for a prospective employee to join the organization until his correspondence became inappropriate, writes Ed Canning.
In 2018, Wade applied for a job as a millwright at a lumber facility in Alberta. He did well in an online interview and a followup in-person interview. The employer made a conditional offer. It was contingent on him completing a drug and alcohol test, providing proof of his certifications and passing his reference checks.
The day before the drug test, he sent an email to human resources indicating he had a rare form of blood cancer and used medical cannabis to treat his condition. He noted the prescription was very high in THC and he had to take an “insane” amount, so he had a licence to grow pot. This was of course before the legalization of recreational use and limited cultivation of marijuana.
The next day, Wade passed his drug test but the employer put his conditional offer on hold and referred him to a third party to do a comprehensive assessment of the situation. The mill was a safety sensitive environment. There were big machines and high temperatures. Wade began the third-party assessment process. They would look at his medical records, diagnosis and treatment regimen as it related to marijuana. They would determine whether Wade could safely work in the mill or some accommodation needed to take place.
Before that process was finished, the employer withdrew Wade’s...
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