About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


1 Canadian Lab. L.J. 294 (1992)
Implications of the Duty to Accommodate for Industrial Relations Practices

handle is hein.journals/canlemj1 and id is 294 raw text is: IMPLICATIONS OF THE DUTY TO ACCOMMODATE FOR INDUSTRIAL RELATIONS PRACTICES Morley Gunderson* In this paper, Morley Gunderson focuses on existing programs that facilitate the integration of disabled workers and the potential impact of the duty to accommodate on employment practices. The advantages of accommodation for disabled employees, such as economic self-sufficiency, are discussed, as are some of the potential negative consequences, including lower wages and reduced hiring opportunities. On balance, however, Gunderson concludes that any negative consequences to disabled employees of the duty to accommodate are outweighed by the benefits One potential barrier to accommodation is cost, and the paper points out that accommodation costs for employers do not appear to be substantial These costs are also, he notes, offset by factors such as the accident, turnover, and absenteeism rates for disabled employees which are as good, if not better, than in the case of non-disabled workers. In Professor Gunderson's view, collective agreement provisions can both help and hinder the integration of disabled workers. For instance, long- term disability provisions benefit a disabled person, but seniority provisions may act as an impediment to integration. Although there is little evidence of negative reaction to accommodation measures, the potential exists that such measures might impact on employee morale because of concerns about reverse discrimination Employers can minimize the potential for conflict by education. The trend towards deinstitutionalization and emerging labour short- ages ensure continuing support for accommodation measures. However, human resource practices such as multi-skilling, just-in-time delivery, compensation based on group productivity, and increasing global com- petition may have the opposite effect. The resulting tensions present both a challenge and an opportunity for employers. * Mr. Gunderson is the Director of the Centre for Industrial Relations and a Professor in the Department of Economics at the University of Toronto. The author gratefully acknowledges the financial support of the Social Sciences and Humanities Research Council.