Although the court did confirm this policy as fair, considering the safety sensitive nature of the work, it resulted in Selkin immediately terminating French without getting a chance to document accommodation considerations, making its court performance less than ideal. Next is Old v. Ridge Country Contracting. In this case, the complainant, Old, did go through the proper channels of getting his certification and disclosing to the employer. When Ridge Country Contracting received this information, it displayed of great need for remedial human resources training when it came to the conclusion: “Seizures and marijuana? You’re fired!” No investigation or accommodation consideration was given and that’s the reason why Ridge now faces a full hearing. How could have Ridge fared better? By doing an investigation and engaging the employee in the accommodation process. This is the only way to secure the existence of a bona fide occupational requirement for being marijuana free. And then comes Calgary v.
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