Disability rights in the workplace - Canadian Union of Public ...

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No discrimination The obligation under the collective agreement for the employer's duty to accommodate is contained in the 'no discrimination' clauses. Including no discrimination provisions will give the local union the right to seek remedies for discrimination through arbitration. CUPE locals have negotiated no discrimination clauses that incorporate the listed grounds in human rights legislation. Other CUPE agreements list the grounds specifically without reference to human rights legislation. This can provide for the expansion of grounds of discrimination to those not yet protected under every province's human rights legislation such as criminal record unrelated to the job (or for which a pardon has been granted) and discrimination on the grounds of transsexual transition or gender identity status. Because developments in human rights legislation and interpretation are rapidly changing, contract language could become out-of-date if compliance with human rights legislation is not specifically required. For that reason, contract language should be checked regularly with the legislation. Including 21
oth not-yet-listed protections and requiring compliance with human rights legislation provides the maximum coverage. See the Appendix for examples of no discrimination clauses. Accommodation procedures Some CUPE collective agreements provide for joint accommodation committees and processes for employees who have been in receipt of workers' compensation benefits. Some agreements provide for workers returning from long-term disability. These provisions can be changed to provide a joint procedure for all employees who may require accommodation for a disability whether or not they have ever been off work or on sick leave, long-term disability or in receipt of workers' compensation benefits. We must try to negotiate provisions to ensure members with disabilities get the accommodation they need whether the disability is permanent or temporary and without regard to the source of the disability. 22
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Page 4 and 5: Sisters and brothers, Advances in h
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Page 8 and 9: What is duty to accommodate The dut
Page 10 and 11: What is a disability All human righ
Page 12 and 13: Duty to accommodate In 1999, the Su
Page 14 and 15: Undue hardship The employer must pr
Page 16 and 17: c. is it necessary to have all empl
Page 18 and 19: What it means for union members see
Page 20 and 21: equality rights, there are new tool
Page 22 and 23: Many unions are advocating creative
Page 24 and 25: Grievances and human rights complai
Page 26 and 27: Collective bargaining Using the opp
Page 30 and 31: The procedure should be incorporate
Page 32 and 33: References and Resources A Place Fo
Page 34 and 35: Appendix NO DISCRIMINATION York Uni
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Page 40 and 41: 19.15.4 Where no position can be fo
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Page 44 and 45: Article 37 - Rehabilitative Employm
Page 46 and 47: 39 City shall provide to the Union,
Page 48 and 49: Winnipeg policies relating to staff

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