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Model Clause on Non-Discrimination
The parties agree that there shall be no discrimination, interference, restriction or coercion exercised with respect to any employee in regard to any matter including salaries, rank, appointment, promotion, tenure, permanency, reappointment, dismissal, sabbatical leave, employee benefits, or any other terms and conditions of employment except for such distinction, exclusion, limitation or protection as may meet the criteria of a bona fide occupational requirement.1
1
No discrimination, interference, restriction or coercion shall be exercised by reason of physical or mental disability, (whether perceived or actual, temporary or permanent), race, creed, colour, ancestry, citizenship, ethnic or national origin, political or religious affiliation, belief or practice, sex, sexual orientation, gender identity, gender expression, marital status, family relationship or responsibility, personal or social life style or behaviour, age, or membership or activity in an academic staff faculty association, clerical or lay status, language or place of residence, or by reason of any association with any person who is a member of the foregoing designated groups.
2
The protection from discrimination includes the protection from retaliation on any of the above identified protected grounds against an employee for his or her having taken action either as a complainant or griever, or for assisting a complainant or griever in taking action, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of a non-discrimination clause.
Approved by the CAUT Council, May 2003.
Endnote1. Bona Fide Occupational Requirement criteria are set out in the 1999 Supreme Court of Canada decision in Meiorin (British Columbia (Public Service Employee Relations Commission) v. BCGSEU, [1999] 3 S.C.R. 3)
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