FACTS
An Alberta construction worker is fired after testing positive for marijuana. He sues for disability discrimination. Drug addiction is a disability protected by human rights law. But the worker is a recreational drug user, not an addict.

WHO WON?

The employer.

EXPLANATION

The Alberta Court of Appeal rules that the employer had a legitimate, non-discriminatory reason to fire the worker: to protect safety. Even casual drug use can result in impairment and create a safety risk at the site, the court notes.

[Alberta Human Rights & Citizenship Commission v. Kellogg Root & Brown (Canada) Co., [2007] A.J. No. 1460, Dec. 28, 2007]

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