The AODA Employment Standards: Are you meeting the new requirements?

In some ways, preparing your employment policies and procedures to meet the latest accessibility requirements is common sense. The AODA employment standards require employers to treat employees and job applicants with the same respect and dignity as any other person.

In practice, unfortunately, it’s not always that easy.

·       What exactly does it mean to consult with employees with disabilities in order to provide accessible documents and job supports?

·       How do you prepare customized accommodation and emergency plans for employees with disabilities?

·       What does an accessible performance management process look like?

You’ve probably started thinking about these things. Maybe you’ve started drafting your policies or updating your existing HR policies. Now’s the time to put all your thoughts together into a coordinated plan to meet the AODA employment standards.

Pulling it all together

We know that these requirements are demanding because we have heard about the challenges from those organizations with 50+ employees that were obligated to comply in January 2016. Smaller employers with fewer resources may need additional assistance to keep track of the project, including reviewing, updating and implementing many HR forms and documents such as job offers, employment contracts, job postings and applications to ensure they are consistent with the new accessibility standards.

Generally speaking, organizations must now ensure that their HR practices, policies and procedures explicitly consider accessibility issues in the areas of:

·       Accommodation

·       Career development

·       Communication and information

·       Performance management

·       Recruitment

·       Return–to–work processes

Remember, accessibility is an ongoing process and you likely don’t want to find yourself trying to play catch–up with AODA obligations that will continue to evolve for years to come. Therefore, it’s crucial to stay on top of the requirements now, including taking the necessary steps to meet the new employment standards.

Is your organization finding it difficult to comply with the Employment standard of the AODA?

 

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 orsandra_broekhof@sympatico.ca

AODA update and compliance in the digital space

Accessibility on the web isn’t something that necessarily comes to mind when we think about providing accessible services, but as our lives migrate more and more into the virtual space, making digital content accessible is a crucial part of building an inclusive society. The AODA drafters did not overlook this, and AODA does apply to digital content.

“Information” is defined as “data, facts and knowledge” that exist in any format and that convey meaning. Under the Regulation “communications” means “the interaction between two or more persons or entities,” in any combination “where information is provided, sent or received.”  This means pretty much everything, including information and communication conveyed by websites and apps.

Details regarding accessible digital content are covered under s.14 of Part II of the Integrated Accessibility Standards. Large organizations (50 or more people) were required to bring their new digital content in line with Level A of the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 by January 1, 2014. All digital content published after January 1, 2012 will need to conform with WCAG 2.0 Level AA by January 1, 2021. The AODA does not apply to web content published prior to January 1, 2012, so don’t worry about trying to revamp your early 2000s GeoCities store!

The requirements to actually conform are set out in the WCAG 2.0, which is a technical standard. These cover things like “contrast ratios” and “keyboard interfaces,”  and are firmly in the realm of the programmers and designers. The overarching goal is to have digital content that is equally accessible to all visitors. The WCAG seeks to accomplish this by removing common barriers such as print that is too small to read, or videos that don’t have closed captions. Content should be easily navigable and easy to both see and hear.

What can your organization do to implement web accessibility?

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

Tips for recruiting online and the AOD

AODA and accessibility

Firstly, recruiters needs to be aware of accessibility standards when drafting job ads. For business in Ontario, Ontario’s Accessibility for Ontarians with Disabilities Act (AODA) sets out notice requirements with respect to ensuring that the hiring process is accessible. These include notifying applicants of the availability of accommodations during the hiring process. It is recommended that this notice be built into the language of the job ad. In the online context, the AODA also requires that information be provided in a way that is accessible. This includes standards that speak to the design of a job ad and how the digital information is navigated.

Human rights

In all Canadian jurisdictions human rights standards will also apply. In Ontario, under the Human Rights Code, this means that employers cannot ask job applicants questions that would touch on a prohibited ground of discrimination. The prohibited grounds with respect to employment are:

·       Age

·       Ancestry, colour, race

·       Citizenship

·       Ethnic origin

·       Place of origin

·       Creed

·       Disability

·       Family status

·       Marital status (including single status)

·       Gender identity, gender expression

·       Record of offences

·       Sex (including pregnancy and breastfeeding)

·       Sexual orientation

Therefore, even in the online context – craigslist I’m looking at you – a job ad cannot require an applicant to disclose information about any of the above areas. Where an employer requests information about one of these grounds in order to make a hiring decision, they potentially open themselves to a discrimination claim. Where an applicant can demonstrate that they were not hired at least in part because of one of the prohibited grounds, an employer could be subject to damages.

While it may be tempting to view the web as a wild west free-for-all, it is important to remember that the law still very much applies.

What are some policies in your organization that recruits people with disabilities?

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 orsandra_broekhof@sympatico.ca