Ms. Wente foams up over a recent Human Rights Tribunal of Ontario decision:
But rights slice both ways. Mr. Lane applied for a job for which he clearly wasn't suited, and misstated facts to get it. Now he stands to collect nearly $80,000, and he was only on the job for eight days.
From Donna M. Seale's "Human Rights in the Workplace" Blog:
The tribunal concluded that Mr. Lane had been fired as a result of his disability and the perceptions as to the impact of his disability on the workplace. The adjudicator rejected ADGA's argument that it terminated Mr. Lane simply for failing to live up to the essential requirements of his job during his 90 day probationary period. A further argument by ADGA that it had the right to fire Mr. Lane once it found out he had failed to reveal his disability during the hiring process was also rejected. On this point, the adjudicator pointed to expert evidence adduced at the hearing which detailed that persons with bipolar disorder are very reluctant to reveal their conditions to prospective employers due to the stigmatization of mental illness in the workplace and society in general.
None of the managers who made the actual decision to terminate Mr. Lane took any steps to assess whether ADGA could accommodate Mr. Lane's disability. In fact, the adjudicator pointed out that the key managers who decided to terminate Mr. Lane were completely ignorant of their legal obligations when dealing with a disabled employee. Given that Mr. Lane had specifically revealed his disability to Ms. Corbett and suggested ways he could be accommodated, the adjudicator was astonished that management had seemingly not contacted its human resource department or legal counsel to determine what it should do to carefully manage the situation. Instead, the ADGA manager principally responsible for the termination believed that the information Ms. Corbett had relayed to him about Mr. Lane's bipolar disorder was irrelevant. He based his determination to dismiss Mr. Lane solely on his personal assessment of whether Mr. Lane was capable of performing the job for which he was hired.
Ezra riffs on Ms. Wente in his post "The "human right" to have manic episodes while testing artillery". Its software, Ezra, artillery software. The guy wasn't tapping live shells with a little red hammer.
As an aside, Ezra severely bungs up the facts of this case as well:
Light up a cigarette in an Ontario restaurant, and you're breaking the law. Light up a marijuana joint, and the restaurateur is breaking the law if he tries to stop you.
But, as The Sun story Ezra links to clearly states in the 2nd line, the customer in question stepped outside to spark up his J of medical mary-jane.
There are none so blind as those who cannot read, I guess.
Incidentally, I have to disagree with the Prince of Pot here:
"I don't see people with insulin bringing their syringes out in the middle of restaurants and giving themselves injections," [Marc] Emery, who is facing a 10-year jail sentence at the U.S.'s behest for selling marijuana seeds, said from his home in B.C., noting that since Gibson was drinking alcohol at the time of the Burlington incident in 2005, he could have ingested the cannabis via an alcoholic tincture that would have been just as effective and more discreet.
More discreet, but not nearly as fast acting. That is why these people are provided with the weed itself rather than some orally administered THC compound. (That and, in the case of cancer patients, the issue of trying to relieve nausea with a medicine that must be swallowed).