4. As a labour relations manager for the TTC , after initially hearing of Bubb - Clarke's medical diagnosis and also understanding the collective agreement language related to seniority transfer, what steps would you have taken to avoid this situation? Explain why. Khush (8535932 ) Answers : 1. Indirect discrimination is found in this case , as this form of discrimination is within rules or regulations that do not seem discriminatory but negatively impact those that are protected under human rights legislation (source ). The ATU and TTC have set restrictions on seniority rights when employees transfer from one job group to another under their collective agreement Because of his recent diagnosis with narcolepsy, Bubb- Clarke is protected by human rights legislation under the grounds of disability. Bubb -Clarke had 10 years seniority at his former position in the transportation job group . which was non - transferrable when he moved to the maintenance group due to his recent diagnosis Although he was granted 5 years of seniority, this rule of seniority transfer prevented Bubb - Clarke from using his transportation seniority to bid on other jobs and left him unsatisfied with future job mobility. This rule adversely affects Bubb - Clarke , and given that his disability is a protected ground under human rights legislation , he is subject to indirect discrimination (Disability discrimetion is found ) - see this 2. Bubb - Clarke is protected under the grounds of disability because of his recent diagnosis with narcolepsy, which prevents him from performing his job responsibilities as a bus driver. Disability covers several areas under the Human Rights Code including past . present and perceived disabilities (source ). As a disability can be present from birth , caused by an accident developed over time and in Bubb -Clarke's case , his disability developed after