While the legalization of marijuana has been highly anticipated, employers must ensure that they are prepared for the transition. Do employees now have an absolute right to use marijuana in the workplace, and are employers bound to let them do so? The answer may be found in a decision by the Human Rights Tribunal of Ontario (HRTO), in the case of Aitchison v L & L Painting and Decorating Ltd. A worker was fired for smoking marijuana, and the decision confirmed that employees do not have an absolute right to use marijuana, medical or otherwise, in the workplace, and employers still have the right to implement policies, so long as they consider their duties regarding accommodation under the Ontario Human Rights Code.
