Accommodating Equality in the Unionized Workplace

Abstract

This article explores the appropriate relationship between human rights and collective bargaining laws through an examination of the Supreme Court of Canada\u27s jurisprudence on the duty to accommodate. While collective bargaining can be an important force to promote equality for disadvantaged groups, resistance to changing the terms of collective agreements to accommodate those groups can arise, especially when other employees\u27 seniority rights are affected. The emerging jurisprudence suggests that seniority rights will be respected in many situations, especially in layoffs, but the article outlines circumstances in which accommodation will be necessary to vindicate equality rights

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