The Seniority Principle: Is It Discriminatory?
This paper pursues the questionable effects of seniority systems by examining; the remedial powers at the disposal of each legal forum available to an employee to pursue a discrimination claim, the relevant Canadian jurisprudence on discrimination, and the American experience with discrimination claims based on seniority. This paper concludes with a proposal detailing an outline of an affirmative action plan tailored to fit the Canadian situation as it is exposed by the previous sections of the paper.