Policy on accomodating disabilty of employees updating address on provisional driving license

It is important to check with your provincial/territorial Human Rights Commission.Also, recent jurisprudence has widened the applicability of accommodation.Employment discrimination is prohibited against “qualified individuals with disabilities.” In addition, persons discriminated against because they have a known association or relationships with an individual with a disability are also protected.

One of the areas that employers find difficult is working with people who have mental health issues.A question sometimes arises as to whether a drug addicted employee who breaks the company rules can, before being disciplined, enroll in a supervised drug rehabilitation program, and then claim ADA protection as a former drug addict who no longer illegally uses drugs. This provision actually serves as something of a disincentive to employers to offer rehabilitation and other services to employees before addressing any substantive performance problems. One way for employers to increase their ‘disability confidence” is to learn and benefit from success stories of other employers who have employed people with a disability.At the same time, the ADA provides limited protection from discrimination for recovering drug abusers and for alcoholics.[A] person who casually used drugs illegally in the past, but did not become addicted is not an individual with a disability based on the past drug use. In order for a person to be substantially limited because of drug use, s/he must be addicted to the drug.

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