Article 5 – No Discrimination

5. NO DISCRIMINATION

The University and the Association agree that decisions concerning the terms and conditions of employment of a bargaining unit member shall be made on the basis of performance and/or performance-related criteria. The University shall not discriminate against any member of the bargaining unit because of race, colour, sex, sexual orientation, national origin, creed, marital status and/or family relationship (except to avoid supervision of one family member by another), political or religious affiliation or belief, age (except where mandatory retirement is permitted by law) or membership or non-membership in, or activities on behalf of, the Association. Nor shall the University discriminate against any member of the bargaining unit by reason of physical or mental disability, illness or incapacity unless two conditions are met: first, that the member cannot satisfy the bona fide occupational requirements; and second, that the University cannot reasonably make an accommodation which would have the effect of enabling the member to satisfy the bona fide occupational requirements.

For the purpose of determining whether or not reasonable efforts to accommodate would enable the member to satisfy the bona fide occupational requirements, the University shall consider past or present disability, illness or incapacity, including addictive illness, only to the extent that it affects the member's current ability to perform the duties required.