Imperial Oil's random drug and alcohol testing policy ruled discriminatory and unlawful under the Human Rights Code.
The complainant, Martin Entrop, and the Ontario Human Rights Commission challenged Imperial Oil's Alcohol and Drug Policy, alleging it discriminated on the basis of handicap.
The Board of Inquiry found that drug abuse and dependence constitute a handicap under the Human Rights Code.
The Board held that the policy's requirements for mandatory disclosure of past substance abuse, reassignment, and onerous reinstatement conditions were overly broad and unlawful.
Furthermore, the Board ruled that pre-employment and random drug testing, as well as random alcohol testing, were unlawful because the employer failed to prove that positive tests correlate with actual impairment on the job, thus failing to establish a bona fide occupational requirement under section 17 of the Code.
Entrop v. Imperial Oil Limited, 1996 CanLII 20102
