Question
You are the Manager of HR for a large pipeline company in Canada (federally regulated), that was bought out last month by a large U.S.
You are the Manager of HR for a large pipeline company in Canada (federally regulated), that was bought out last month by a large U.S. parent company. The new
American CEO just arrived in your Toronto headquarters and has summoned you to his
office.
The CEO informs you that, in Texas, they run a lean, mean machine and he expects his new Canadian branch to follow suit. Halfway through his listing of the changes he thinks you ought to make, he announces firmly that all employees must undergo pre- employment drug and alcohol testing (in addition to testing at other times during
employment). The CEO looks at you and emphasizes that everyone needs to be tested, even the new payroll analyst you are trying to hire. He notes that Canadians are too
"soft" and operations will be much more efficient if we weed out people who are a risk to the company right from the beginning. After saying the word "weed" he smiles and notes that the legalization of cannabis doesn't change the fact that no one should have drugs in their system when they are hired. He is just in the middle of explaining how he, as
CEO personally reviews the results of each drug and alcohol test. Then, he glances at his watch and realizes that he is late to another meeting and has to run. You smile,
and indicate that you will schedule a longer meeting with him in the calendar for the next day, and the drug and alcohol testing can be discussed at that time.
As he is running out of your office, the CEO turns back to you and notes that the pre- employment screening can also be used to make sure you aren't hiring any pregnant
women, as the Canadian maternity leave seems ridiculously liberal and a pain for employers.
QUESTIONS
Case Study Question 3.1
Is pre-employment drug and alcohol testing appropriate as described by the CEO? In answering this, consider both human rights and privacy principles discussed in this
chapter. The questions below will help frame your response.
Case Study Question 3.2
Should the analyst you want to hire have to take a pre-employment drug and alcohol test? Would your opinion change if you were hiring a pipe welder who deals with
dangerous equipment?
Case Study Question 3.3
If a potential employee did test positive for alcohol during a pre-employment test, what would be an appropriate response? Remember to consider the requirements of BFOR and reasonable accommodation.
Case Study Question 3.4
If the potential employee who wasn't hired because of the failed test filed a human rights complaint, based on the material presented in this chapter, do you think the
human rights commission would support the applicant's claim of discrimination? Provide your rationale.
Case Study Question 3.5
Is it appropriate to also test for pregnancy?
Case Study Question 3.7
Based on all the answers to the questions above, how are you going to prepare for your conversation with the CEO tomorrow?
reference: The Canadian Human Rights Commission has a helpful, free document for download that discusses substance dependency and drug and alcohol testing. See
online: https://www.chrc-ccdp.gc.ca/eng/content/impaired-work-guide-accommodating-substance-dependence
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Case Study Question 31 Preemployment drug and alcohol testing as described by the CEO raises several concerns related to human rights and privacy principles While the CEO may have operational efficien...Get Instant Access to Expert-Tailored Solutions
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