Is the Accessibility for Ontarians with Disabilities Act (AODA):
· Opportunity focused?
· Penalty focused?
Is the Ontario Human
Rights Code (HRC):
· Opportunity focused?
· Penalty focused?
Both laws provide:
· opportunities for persons
with disabilities (and others)
· opportunities for
employers, landlords and others to avoid penalties
· penalties for
non-compliance
The AODA (and regulations) is opportunity
focused because this law:
· tell you exactly what
is expected of you
· provides opportunities
for the involvement of various groups in the development of specific standards
· reverses historical
trends of discrimination against persons with disabilities
· gives you a positive
opportunity to create a welcoming environment for persons with disabilities
· requires you to
accept feedback directly from the public thus creating the opportunity for
change
· requires that you
regularly report to the government (and the general public) that you have
created specific programs, policies and procedures
· allows for government
inspection to ensure compliance
· is specific about
assistive devices, service animals, support persons and communication style.
· Accomplish their
goals via proactive requirements and reporting procedures
· Are proactive
The HRC is penalty focused because this law:
· Tells you what not to
do (infringe a person’s rights)
· Sets up a list of
infractions
· Allows an individual
to file a complaint against you with a quasi-judicial tribunal (a formal,
court-like process)
· Does not require a
feedback system for public complaints thus denying an opportunity for change
· Does not tell you HOW
to avoid discrimination; only that you must
· Does not direct you
to create specific programs, policies and procedures
· Does not provide for
inspectors to check for compliance
· Is vague and open to
wide interpretation
· Accomplishes its
goals with the use of penalties
· Is reactive
Your obligations under the AODA and
the regulations are extensive–I hope this perspective helps you see
your obligations in a positive light!
How do you ensure compliance with the AODA and all it’s standards?
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
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