Light at the End of the Accommodation Tunnel?

The Integrated Accessibility Standard of the Accessibility for Ontarians with Disabilities Act seeks to include more people with disabilities in the workplace.  Most of us are comfortable with the concept of an “accessible workplace”.  Let’s expand on the duty to Accommodate .

The Duty to Accommodate can be a significant burden to employers who are trying to balance often competing business and employee interests.  The Employment Standard states that Employers much

Develop a process of documenting individual accommodation plans.  These plans have to include:

1. The manner in which an employee requesting accommodation can participate in the development of the individual accommodation plan.

2. The means by which the employee is assessed on an individual basis.

3. The manner in which the employer can request an evaluation by an outside medical or other expert, at the employer’s expense, to assist the employer in determining if accommodation can be achieved and, if so, how accommodation can be achieved.

4. The manner in which the employee can request the participation of a representative from their bargaining agent, where the employee is represented by a bargaining agent, or other representative from the workplace, where the employee is not represented by a bargaining agent, in the development of the accommodation plan.

5. The steps taken to protect the privacy of the employee’s personal information.

6. The frequency with which the individual accommodation plan will be reviewed and updated and the manner in which it will be done.

7. If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee.

8. The means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs due to disability.

Tips for Employers

This standard provides some guidance for employers dealing with medical accommodation issues:

·       First, if an employee raises a medical justification for poor performance, meet with the employee and discuss how the condition may be a factory and explore what might be done to accommodate the position.

·       Second, ask the employee for medical confirmation about the limitation or disability (this was not done in the above case).

·       Third, try to maintain the employee’s eligibility for medical benefits in any accommodate position.

·       Fourth, create a paper trail regarding any accommodation, and obtain the employee’s agreement in writing with respect to any modified arrangement.

What does an accommodation look like in your workplace? ?

If you are interested in learning more about Accessibility for Ontarians with Disabilities Act (AODA) or how to make accessibility a natural part of your business through the application of Corporate Social Responsibility, please contact Sandra Broekhof @ 416-579-1035 or sandra_broekhof@sympatico.ca or visit www.accessibilitycompliance.ca