NEW AODA COMPLIANCE OBLIGATIONS FOR SMALL EMPLOYERS

The start of the new year brought with it new compliance standards under the Integrated Accessibility Standards Requlation of the Accessibility for Ontarians with Disabilities Act (“AODA”). As of January 1, 2017, small organizations will have to ensure that they comply with the applicable provisions of the Accessible Employment Standards, which focus on the recruitment and ongoing support of employees with disabilities.

Assessment and Selection

Small organizations must notify job applicants, when they are individually selected to participate in an assessment or selection process, that accommodations are available upon request in relation to the materials and processes to be used during recruitment. If a job applicant then requests accommodation, the employer must consult with the applicant and provide accommodation that considers the applicant’s disability-related accessibility needs. Successful applicants must be notified of the employer’s policies with respect to accommodating employees with disabilities.

Ongoing Employee Support

Small organizations must now inform their employees of their policies used to support their employees with disabilities. New employees must be informed of these policies as soon as practicable after they commence employment with the small organization. Current employees of small organizations must be informed of such policies when the employer changes those policies. Furthermore, if an employee with a disability requests it, their employer must consult with the employee to arrange for the provision, in an accessible format, of information that is needed for the employee to perform their job and information that is otherwise generally available to employees in the workplace. This information can be provided in a number of formats, including newsletters, emails, memoranda, staff and individual meetings, website postings, and bulletin board postings.

Performance Management

Small organizations that engage in performance management, or take steps to assess and improve “employee performance, productivity and effectiveness, with the goal of facilitating employee success,” must consider the accessibility needs of employees with disabilities when undertaking such processes. Accessible performance management may include providing documents in accessible formats, providing feedback in an accessible manner (for example, in a manner that can be recorded), and providing accommodations to learn new skills and take on new responsibilities. If a small organization does not have a formal or informal performance management system, one need not be created.

Career Development, Advancement and Redeployment

Small organizations that increase the scope of activities within an employee’s current position, change an employee’s job to provide them with additional responsibility or to situate them at a higher level in the organization, must undertake such activities by considering the accessibility needs of those employees if they have disabilities. Small organizations that redeploy employees to other jobs or departments in the organization in order to avert the layoff of the employee must take into account the accessibility needs of those employees if they have disabilities.

What are some unique issues that small organization have to deal with in terms of 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 orsandra_broekhof@sympatico.ca