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Appeal dismissed over termination under a workplace drug policy.
The Court dismissed an appeal from Alberta human rights proceedings concerning termination under a safety policy requiring pre-incident disclosure of drug dependence or addiction issues.
A majority held the tribunal reasonably found the employee was terminated for breaching the policy rather than because of addiction, so prima facie discrimination was not established.
Concurring judges would have found prima facie discrimination but still upheld the outcome on accommodation to undue hardship.
The dissent would have allowed the appeal, finding both prima facie discrimination and inadequate accommodation.
