Canadian Human Rights Law Review Canadian Human Rights Law prohibits discrimination on the basis of disability and perceived disability. Disability includes those who have a prior or existing addiction to alcohol or drugs. Perceived disability may include an employer's perception that a person's use of alcohol or drugs makes them unfit for work. Because they cannot be established as bona fide job requirements, the following types of testing are not acceptable: • Pre-employment drug testing • Pre-employment alcohol testing • Random drug testing • Random alcohol testing of employees in non-employment positions security sensitive. The following types of testing may be included in a workplace drug and alcohol testing program, but only if an employer can demonstrate that they are GOOD FAITH EMPLOYMENT REQUIREMENTS: • RANDOM ALCOHOL TESTING OF EMPLOYEES IN SAFETY SENSITIVE POSITIONS: the alcohol testing was deemed a reasonable requirement because it may indicate an actual impairment in the ability to perform or satisfy the essential duties or requirements of the job. Random drug testing is prohibited because, given its technical limitations, drug testing can only detect the presence of drugs and not whether or when an employee may have been impaired by drug use. there are reasonable grounds to believe that an underlying substance abuse problem exists or that an incident has occurred as a result of drug or alcohol related disorders, provided that testing is part of a broader program of assessment, monitoring and medical support.• PERIODIC OR RANDOM TESTING FOLLOWING THE DETECTION OF A CURRENT DRUG OR ALCOHOL ADDICTION/ABUSE PROBLEM may be acceptable if adapted to individual circumstances and as part of a broader program of monitoring and support. Usually, a designated rehabilitation provider will determine whether follow-up testing is needed for a particular individual. • MANDATORY DISCLOSURE OF ALCOHOL DEPENDENCE/ABUSE, CURRENT OR PAST: may be permitted for employees in safety-sensitive positions, within certain limits, and in conjunction with accommodation measures. In general, employees who are not in safety-sensitive positions should not be required to disclose past alcohol or drug problems. In these limited circumstances where testing is warranted, employees who test positive must be accommodated to the point of undue hardship. The Canadian