• About
  • Offices
  • Careers
  • News
  • Students
  • Alumni
  • Payments
  • EN | FR
Background Image
Bennett Jones Logo
  • People
  • Expertise
  • Knowledge
  • Search
  • FR Menu
  • Search Mobile
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
View all
Practices
Corporate Litigation Regulatory Tax View all
Industries
Energy Infrastructure Mining Private Equity & Investment Funds View all
Advisory
Crisis & Risk Management Public Policy
View Client Work
International Experience
Insights News Events Subscribe
Arbitration Angle Artificial Intelligence Insights Business Law Talks Podcast Class Actions: Looking Forward Class Action Quick Takes
Economic Outlook New Energy Economy Series Quarterly Fintech Insights Quarterly M&A Insights Sustainability & the CIO
People
Offices
About
Practices
Industries
Advisory Services
Client Work
Insights
News
Events
Careers
Law Students
Alumni
Payments
Search
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
 

Is an Employer Required to Accommodate an Employee's Use of Marijuana in the Workplace for Medical Purposes?

December 2015

Many employers have policies prohibiting the possession or use of any illegal substances, including marijuana, in the workplace. However, an employer is required to accommodate an employee's disability to the point of undue hardship. An employee may claim that they have a disability that requires they treat it with medical marijuana. The duty to accommodate is a general and ongoing duty that arises once a prima facie case of discrimination has been established: Once a prima facie case of discrimination is established, the next question becomes whether a policy prohibiting the use or possession of marijuana in the workplace is a bona fide operational requirement (BFOR); this is determined on a case-by-case basis in accordance with the standard legal analysis established by the Supreme Court of Canada in British Columbia (Public Service Employee Relations Commission) v. B.C.G.E.U. Published in Illness and Disability in the Workplace (December 2015) by Carswell.

Related Links

  • Insights
  • Media
  • Subscribe

Related Expertise

  • Employment Services

Recent Posts

Speaking Engagements

Insights on Tariff Strategy and Cross-Border Trade Compliance

May 08, 2025
       

In The News

John Manley on NPR’s Morning Edition on Mark Carney’s White House Visit

May 06, 2025
       

Speaking Engagements

Brendan Sigalet on Clean Investment Tax Credits

May 05, 2025
       

Speaking Engagements

Due Diligence for Tenants at ICSC CANADIAN LAW

May 02, 2025
       

Announcements

Bennett Jones Lawyers Named Among Canada’s Top Litigators By Benchmark Canada

May 01, 2025
       

Announcements

Twenty-Six Bennett Jones Lawyers Ranked in Lexpert's Special Edition on Infrastructure

April 30, 2025
       

Announcements

Jesslyn Maurier Appointed to Ontario Chamber of Commerce’s Board of Directors

April 29, 2025
       

In The News

John Manley Speaks With BNN Bloomberg on Business Implications of a Minority Government

April 29, 2025
       

Speaking Engagements

Ontario Bar Association: Insights on Employee Ownership Trusts

April 29, 2025
       
Bennett Jones Centennial Footer
Bennett Jones Centennial Footer
About
  • Leadership
  • Diversity
  • Community
  • Innovation
  • Security
Offices
  • Calgary
  • Edmonton
  • Montréal
  • Ottawa
  • Toronto
  • Vancouver
  • New York
Connect
  • Insights
  • News
  • Events
  • Careers
  • Students
  • Alumni
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
© Bennett Jones LLP 2025. All rights reserved.
  • Privacy Policy
  • Disclaimer
  • Terms of Use
Logo Bennett Jones