The Duty to Accomodate Unionized Workers with Disabilities in Canada and the United States

Résumé du livre

In this paper, I use a variant of the social-political model of disablement to compare the duty to accommodate unionized workers with disabilities in Canada and the United States. Such comparisons are fruitful because despite the relative strength of Canadian unions, the two countries share a common law heritage and a similar political system. This is especially true in the Charter era, as rights talk and values has gained increasing salience in the Canadian context. I first develop what I call a counter-hegemonic theory of disablement, incorporating insights from Iris Young and Martha Minow. I then apply my theory to a specific problem: the appropriate solution when seniority rights in a collective agreement conflict with the duty to accommodate disabled workers.