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The policy noted that disclosure of an addiction would result in an offer of treatment but an employee would be terminated if, following a workplace incident, they tested positive for drugs. Stewart was involved in a workplace accident while operating the loader and subsequently tested positive for cocaine. During a follow-up meeting, Stewart disclosed an addiction to cocaine and was terminated for breach of the policy and its “no free accident rule”. Following termination, Stewart filed a complaint pursuant to the Human Rights, Citizenship and Multiculturalism Act , now referred to as the Alberta Human Rights Act. At the Alberta Human Rights Tribunal, and each subsequent level of review, the termination of Stewart was upheld. The basis of the tribunal decision was two-fold: Stewart was found to be addicted to drugs but there was no prima facie case of discrimination because his disability was not a factor in the decision to terminate. The termination was related to a breach of the policy which required disclosure of drug use prior to the incident. If prima facie discrimination was established, Elk Valley discharged its onus to accommodate to the point of undue hardship. The policy was adopted in good faith and for the job related purpose of ensuring safety in the workplace.

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