The duty to accommodate

Even when facilities and services are designed as inclusively as possible, you may still need to accommodate the individual needs of some people with disabilities. Under the Ontario Human Rights Code, unions, landlords and service providers have a legal “duty to accommodate” persons with disabilities. The goal of accommodation is to allow people with disabilities to equally benefit from and take part in services, housing or the workplace.

Accommodation is a shared responsibility. Everyone involved, including the person asking for accommodation, should work together, exchange relevant information, and look for accommodation solutions together.

There is no set formula for accommodating people with disabilities. Even though some accommodations can benefit many people, you still need to consider individual needs each time a person asks to be accommodated. A solution for one person may not work for someone else.

Some examples of accommodations include:

·       Increased flexibility in work hours or break times

·       Providing reading materials in alternative formats including digitized text, Braille or large print

·       Providing sign language interpreters or real time captioning for persons who are deaf, deafened or hard of hearing so they can take part in meetings

·       Putting in automatic entry doors and making washrooms accessible in the workplace or the common areas of a condominium

·       In some cases, changing job duties, retraining or assigning a person to another job.

Many accommodations can be made easily, and at low cost. In some cases, putting the best solution in place right away may result in “undue hardship” because of costs or health and safety factors. Even if this happens, you still have a duty to look at and take next-best steps that would not result in undue hardship. Such steps should be taken only until more ideal solutions can be put in place or phased in.

Accommodation responsibilities

As a person with a disability:

·       Tell your employer, union, landlord or service provider what your disability-related needs are related to your job duties, tenancy or the services being provided

·       Provide supporting information about your disability-related needs, including medical or other expert opinions where needed

·       Take part in looking at possible accommodation solutions.

As an employer, union, landlord or service provider:

·       Accept requests for accommodation from employees, tenants, and clients in good faith

·       Ask only for information that you need to provide the accommodation. For example, you would need to know that an employee’s loss of vision prevents them from using printed material, but you do not need to know they have diabetes

·       Take an active role in looking at accommodation solutions that meet individual needs

·       Deal with accommodation requests as quickly as possible, even if it means creating a temporary solution while you develop a long-term one

·       Respect the dignity of the person asking for accommodation, and keep information confidential

·       Cover the costs of accommodations, including any needed medical or other expert opinion or documents.

What accommodations are present in your work/life place?  Some are not visible!! 

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