Managing Addictions at Work in Canada: Substance Abuse, Alcohol, and Gambling

Addiction is a difficult disease to manage, not just for the addict, but all those around. It comes in many forms, including drug and alcohol abuse, substance abuse, and gambling abuse. Addiction interferes with family life, friendships, relationships, and even work performance. Addiction at work or substance abuse dependence may lead to absenteeism, extended breaks, sleeping on the job, and even aggression towards co-workers.

Addiction may also result in workplace theft, repeat wage advances, and mistakes being made. But can employers legally terminate an employee for an addiction?  We explore these nuances and possible outcomes in this blog.

Is addiction considered a disability in Canada?

Each Canadian human rights legislation across the country prohibits employers from discriminating against workers who have a disability, which also covers persons with addictions. Disability according to each human rights legislation covers physical, psychological, and mental conditions – some of which are not visible or easily identifiable. Addiction falls into the category of mental conditions and is generally treated like any other disability.

How should employers address addiction in the workplace?

While employers may notice changes in a worker’s behaviour that could hint to an issue with addiction, it is highly unlikely that the worker will admit it when first confronted. It is good to remember this is a sensitive issue, hence your approach should be non-judgemental yet firm. Respect your employee’s personal boundaries but be sure to make your position clear.

As an employer, you cannot physically stop your employee’s addiction, but it is important to engage in conversation and take steps to protect your company and other employees. The health and safety of your employees should always be a priority.

Can an employee be fired for addiction?

As mentioned above, addiction can be classified as a disability. Employers risk wrongful termination claims if an employee is fired for suspected or confirmed addiction. So, what actions may be taken if an employee’s addiction becomes disruptive to the workplace?  

Employers in this position should remember their obligations include ensuring your workers are performing to the expected standard, prioritising the safety and productivity of the employee with an addiction, and the legal obligation to provide a health and safe work environment for all employees.  

What to do if you suspect an employee is suffering from addiction

As an employer there are three actions you can take if you suspect an employee is struggling with addiction:

1.      Duty to inquire – Employers have the duty to initiate confidential inquiry with employees if there is a need for accommodation due to a disability (addiction). If an employee’s performance is being affected because of this disability, employers must initiate this conversation to ensure a safe work environment for all and confirm whether there exists a duty to accommodate.

2.      Duty to accommodate – Under the duty to accommodate, employers are required to adjust workplace or working conditions to meet the needs of the employee’s disability. Employers must collect the necessary information needed to understand the employee’s needs. They should also assess whether the employee can continue working while an accommodation plan is being put in place or if they require a leave of absence.

Keep in mind that the duty to accommodate is a two-way street, while the employer has a duty to inquire and accommodate, the employee too has a duty communicate and be candid.

The duty to accommodate is not unlimited – it only extends until the point of undue hardship. If accommodation options have been tried and exhausted, is costing the employer excessive money, or is putting the employee or others at risk, the employer can claim undue hardship. This would lead to the policies being enforced as outlined by the employer. Employers would then have to show sufficient evidence to support undue hardship claims.

3.      Addiction policy – Policies are used as an educational vehicle to spread awareness of alcohol, substance, and gambling abuse. An addiction policy should also include the purpose and goals of the policy, the addictions covered, who the policy applies to, and their roles and responsibilities. Additionally, disciplinary measures should also be outlined to inform employees of consequences for breach of policy.

Most importantly, policies should be reviewed as the law develops and changes made to reflect these developments.

Do you need HR assistance for employee addiction in your business?

Understanding your obligations and options as an employer when you have employees struggling with addiction can be tricky. Let us help you get a clearer picture. Our expert legal and HR consultants can clarify any concerns you may have and create an addiction policy that will help protect you and your business. To learn more about how our services can benefit your business, call an expert today at 1 (833) 247-3653.