Privacy v. the Employer's Right to Know: Hot Issues that Straddle the Can-Am Border

Date(s) of Presentation
Thursday, December 4, 2014

NOTE: If you want to listen to or view the contents of this webinar, you must register on the ELA website here or, if you have previously created an account, log in using the link in the top right. After your account is created, you will have access to all past webinars.

Click here to access the Employee Records Check Chart for Canada, prepared by Shereese Qually

Click here to download the webinar power point

Click here for the webinar Certificate of Attendance 

Program Description

Workplace privacy continues to be an important focus for employers, particularly those who operate in both Canada and the U.S. While most businesses try hard to protect their employees' privacy and avoid getting involved in their off-duty activities, there are times when an employer is faced with the prospect of legitimately needing to look into or take into account an employee's personal life. This webinar brings together a panel of legal experts from both Canada and the U.S., who will provide practical guidance on how to successfully navigate and resolve these issues in their respective countries. They will address:

  • Medical or legal marijuana – Does it change the analysis? Can employers restrict its use or presence in the workplace?
  • The latest rules and development on drug and alcohol testing of employees – and whether medical drug use changes the equation.
  • Criminal records searches and privacy issues – Just how deeply can employers (or prospective employers) “dig” into an employee’s background and what information is permissible to access?


  • Gregory J. Heywood, Moderator, Roper Greyell, Vancouver, British Columbia
  • Megan L. Anderson, Gray Plant Mooty, Minneapolis, Minnestota
  • Nancy F. Barteaux, Ritch Durnford, Halifax, Nova Scotia
  • Shana French, Sherrard Kuzz, Toronto, Ontario
  • Shereese R. Qually, Taylor McCaffrey, Winnipeg, Manitoba
  • Sarah P. Reiner, GrayRobinson, Orlando, Florida
  • Susan K. Stahlfeld, Miller Nash, Seattle, Washington