During his job interview, Zhou mentioned that he was recovering from an addiction to cocaine. The employer refused to proceed with the interview because the position being applied for was in a safety-sensitive area. Zhou filed an application with the Ontario Human Rights Tribunal.
a. What is the alleged ground of discrimination?
b. Does Zhou have a prima facae case? Be sure you identify each of the three parts of the test and identify whether Zhou meets the test and how.
c. In your opinion, did the employer contravene the Code? Explain your answer including exactly what the employer did which may have contributed to unfair discrimination.
d. Assuming the employer did not want to contravene the code, how should it have conducted the interview?