82. The Union further submitted that the Employer was not entitled to rely on a possible past substance use disorder to seek an assessment of the grievor’s status. The Union suggested this would stigmatize people with disabilities and amount to discriminatory treatment: Granovsky v. Canada (Minister of Employment and Immigration), 2000 SCC 28. The court observed that disabilities may grow more severe or less severe as time goes on and are certainly not immutable (at para. 27). Not every impairment gives rise to functional limitations (at para. 36).
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