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Unionized employees are also covered by legislation other than the Labour Relations Code. For example, the Human Rights Code applies to union and non-union sectors equally. So, for example, it is illegal for an employer to discriminate against an employee on the basis of sex or sexual orientation whether there is a collective agreement or not. An area that has been the subject of much debate and many legal decisions for the past few years is discrimination based upon a disability. Arbitrators, Human Rights commissions and courts have determined that employers must accommodate workers with disabilities, within reason, to the "point of undue hardship." Issues involving discrimination may be resolved either in arbitration or by the Human Rights Commission.
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