HRM. Duty to Accommodate Assignment
docx
keyboard_arrow_up
School
Dalhousie University *
*We aren’t endorsed by this school
Course
5103
Subject
Philosophy
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by AmbassadorWaterBuffaloPerson1024
1.
In 2 – 3 sentences, briefly set out the facts of the case discussed in your article.
Answer
: The duty to accommodate
a worker who is using medical marijuana is covered in this
article. Due to workplace safety concerns, this is putting an undue hardship
on the employer.
They believe cannabis use will impair the employee's judgement and motor skills for an
unspecified period of time after use, which will not only affect performance but also increase the
risk of a serious workplace accident.
2.
What is the prohibited ground(s) of discrimination that is at issue? (e.g. disability, creed
(religion)? Answer
: Discrimination on the basis of Disability
. Undue Hardship for employer causing health or safety risks for employees.
3.
Briefly summarize the final decision and the main reasons given for that decision. What, if any remedies, were awarded to the employee.
Decision: The arbitrator determined that it would be unreasonable to try to accommodate a
worker who takes medicinal marijuana in a position where safety is a concern if there were
insufficient testing to establish marijuana impairment.
Reasons for the decision: The arbitrator said he disagreed with the doctor's opinion that the individual could work safely four hours after consumption. He accepted the employer's evidence that it was a legitimate concern to recruit someone using medical cannabis in any role that called for attention to safety due to the challenge to properly quantify the amount of daily impairment caused by a lack of adequate monitoring
. The arbitrator determined that an employer must be able to assess
how cannabis usage impacts a worker's production in order to limit risk.
4.
Indicate whether or not you agree with the decision and why.
Answer
: I agree with the decision of the arbitrator, employers have a duty to accommodate employees who use medical cannabis, as long as it does not pose an undue hardship on the employer. This job at Hydroelectric Dam is safety sensitive and requires mental alertness. 5.
Identify 3 points that you find particularly interesting or noteworthy in this decision and what it tells us about the duty to accommodate
under human rights legislation
.
Answer
: The three points I found interesting in the article, are as follows;
Arbitrator agreed that not all jobs in the project are safety sensitive, but that of a utility person, requires mental focus, as they might operating heavy equipment and can cause injury to worker.
Without the ability to accurately measure day-to-day impairment from marijuana use, lack of monitoring is a major concern for employers. It’s important for employers to be able to manage the risk.
Regular use of medically authorized cannabis products can cause impairment of a worker
in a workplace, and the length of cognitive impairment can exceed four hours after ingestion — sometimes up to 24 hours.
The duty to accommodate is a legal requirement that ensures employees with disabilities are provided with reasonable accommodations to perform their job duties. However, the duty to accommodate is not absolute and must be balanced with other factors such as workplace safety and the needs of other employees.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help