Papers by Jonathan Chapnick
This paper outlines and discusses the prohibited grounds of discrimination in employment under th... more This paper outlines and discusses the prohibited grounds of discrimination in employment under the Human Rights Code. The authors look at definitions and practical applications, including the test for prima facie discrimination on the basis of each ground. The paper is aimed at assisting advocates and practitioners in identifying some of the issues and arguments relevant to assessing claims of workplace discrimination.
Workplace disability management programs typically provide early and ongoing supports and service... more Workplace disability management programs typically provide early and ongoing supports and services (e.g., work duty modifications, rehabilitation services) to employees, for the purpose of maintaining their connection to the workplace and/or facilitating their return to work in a safe and timely manner. Effective disability management, however, may not always be possible without certain intrusions into employee privacy. In this paper, the authors discuss the permissible scope and nature of these intrusions in the context of unionized workplaces.
In this paper, the authors discuss gender identity as a prohibited ground of discrimination under... more In this paper, the authors discuss gender identity as a prohibited ground of discrimination under the BC Human Rights Code. Then, after touching briefly on the issue of public disclosure of personal information, they outline the law in relation to discrimination in service on the basis of gender identity.
Workplace substance use policies and practices typically impose various requirements and restrict... more Workplace substance use policies and practices typically impose various requirements and restrictions on employees with addictions. These requirements and restrictions are more or less consistent with a "traditional view" of substance use and addiction treatment. This traditional view, or conventional wisdom, is characterized by certain standard concepts and notions. Some of these standard concepts and notions are generalizations. Some are simply not true. Some perptuate harmful misconceptions and negative stereotypes. And none are well-supported by controlled, scientific research. Somehow, however, taken together, these concepts and notions now form the foundation upon which most substance use policies and many addiction-related legal decisions have been constructed. It is therefore time to fundamentally rethink and rebuild this area of law and workplace policy. In this paper I attempt to lay out a blueprint for this rebuilding project, as it relates to unionized workplaces.
Drug testing, including workplace drug testing, is a multi-billion dollar global industry. In t... more Drug testing, including workplace drug testing, is a multi-billion dollar global industry. In the United States, compulsory drug testing programs began spreading in the public and private sectors in the mid-1980s, following the implementation of mandatory testing for all federal government employees. Drug testing policies and practices have also been implemented in Canadian workplaces. Some employers have instituted stand-alone drug testing policies, mandating testing in certain specific circumstances. Others have embraced testing as components of mandated return to work arrangements for employees with substance use disorders. This paper briefly focuses in on the latter.
The paper proceeds in four parts. First, I lay out the general arbitral framework for examining employer-imposed drug testing policies and practices, referencing a number of notable recent cases. Then, I discuss the related analysis under the Human Rights Code. Next, I quickly touch on the Supreme Court of Canada's decision in Irving. Finally, I focus in on return to work drug testing, questioning its utility and cost-effectiveness.
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Papers by Jonathan Chapnick
The paper proceeds in four parts. First, I lay out the general arbitral framework for examining employer-imposed drug testing policies and practices, referencing a number of notable recent cases. Then, I discuss the related analysis under the Human Rights Code. Next, I quickly touch on the Supreme Court of Canada's decision in Irving. Finally, I focus in on return to work drug testing, questioning its utility and cost-effectiveness.
The paper proceeds in four parts. First, I lay out the general arbitral framework for examining employer-imposed drug testing policies and practices, referencing a number of notable recent cases. Then, I discuss the related analysis under the Human Rights Code. Next, I quickly touch on the Supreme Court of Canada's decision in Irving. Finally, I focus in on return to work drug testing, questioning its utility and cost-effectiveness.