Disability in the Canadian workplace

by Toronto Training and HR

October 2013

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CONTENTS5-6 Definition7-8 Forms of discrimination9-10 Types of disability11-12 Barriers13-14 The Ontario Human Rights Code15-19 Accommodations20-21 The AODA Employment Standard22-25 An action plan for disability26-27 Drill28-30 Accessible formats and communication

supports 31-34 Individualized workplace emergency response

information35-38 Recruitment and informing employees of

supports39-40 Interviewing disabled people41-46 Challenging stereotypical thinking47-49 Yukon’s employment strategy50-51 Conclusion and questions

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Introduction

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Introduction to Toronto Training and HR

Toronto Training and HR is a specialist training and human resources consultancy headed by Timothy Holden 10 years in banking10 years in training and human resourcesFreelance practitioner since 2006The core services provided by Toronto Training and HR are:

Training event designTraining event deliveryReducing costs, saving time plus improving employee engagement and moraleServices for job seekers

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Definition

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Definition• Disability

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Forms of discrimination

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Forms of discrimination

• Direct discrimination• Indirect discrimination• Associative discrimination• Perceptive discrimination• Victimization• Harassment

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Types of disability

Types of disability

• Visual• Hearing• Deaf-blind• Physical-mobility• Mental health• Developmental/

intellectual• Learning

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Barriers

Barriers

• Attitudinal• Information or

communications• Technology• Organizational• Architectural or physical

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The Ontario Human Rights Code

The Ontario Human Rights Code

• Provides for equal rights and opportunities, and freedom from discrimination

• Duty to accommodate• Examples of accommodation• Accommodation

responsibilities

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Accommodations

Accommodations 1 of 4 DEVELOPING AND DOCUMENTING INDIVIDUAL PLANS• Let all employees know about

the process-generally, employees with disabilities will request accommodation but in some cases an employer may initiate a dialogue

• Discuss the manner in which any employee requesting accommodation will participate in the development of their individual accommodation plan

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Accommodations 2 of 4 DEVELOPING AND DOCUMENTING INDIVIDUAL PLANS (CONTINUED)• Allow the participation (if

requested by the employee) of a representative from their union if any, or if there is no union, any representative from the workplace

• Protect the privacy of the employee around workplace accommodation all times

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Accommodations 3 of 4 DEVELOPING AND DOCUMENTING INDIVIDUAL PLANS (CONTINUED)• Work together (manager and

employee) to determine when the workplace accommodation is reviewed and updated

• Provide reason(s) for any denial of workplace accommodation to the employee-an employer can deny a workplace accommodation, subject to the requirements of the Employment Standard and the Human Rights CodePage 18

Accommodations 4 of 4DEVELOPING AND DOCUMENTING INDIVIDUAL PLANS (CONTINUED)• Provide the accommodation

plan in a format that takes into account the employee’s disability

• Include the employee’s emergency response information as well as any information and communication supports in the workplace accommodation plan, if required

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The AODA Employment Standard

The AODA Employment Standard

• The Accessibility for Ontarians with Disabilities Act 2005 (AODA)

• Key areas of living for people with disabilities

• Integrated Accessibility Standards Regulation

• General requirements• The Employment Standard

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An action plan for disability

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An action plan for disability 1 of 3

• Audit existing policies and practices• Draw up a business case for change

and get management support• Develop a good practice policy,

check it incorporates legal duties and promote it to everyone who works for the organization

An action plan for disability 2 of 3

• Clarify line manager and employee responsibilities; offer employees training to build their understanding and confidence to act appropriately, including contract specifications in, for example, recruitment and procurement

• Design an action plan to implement the policy; monitor and review outcomes and effectiveness to make approaches more robust; share the learning across the organization

• Follow good recruitment practice

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An action plan for disability 3 of 3

• Keep up to date with good practice and legal developments

• Network with other employers interested in progress in diversity to share learning and ideas and keep up to date with competitors

• Listen to disabled employees and customers to make sure you understand their needs and preferences and refresh your organization’s policies and practices to reflect them and keep them relevant and up to datePage 25

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Drill

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Drill

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Accessible formats and communication

supports

Accessible formats and communication supports 1 of 2

• All employees should have access to information that is generally available to them in the workplace or information that they need in order to perform their job

• Ensure policies and processes include a provision or arranges for the provision of accessible formats and communication supports Page 29

Accessible formats and communication supports 2 of 2

• Most information and communication supports will already have been covered in an employee’s individual accommodation plan-this is especially true for information that an employee needs in order to perform her or her job

• Your process should include letting all employees know they can confidentially talk to you about accessible formats and communication supports

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Individualized workplace emergency response information

Individualized workplace emergency response

information 1 of 3• Review your organization’s

overall emergency response plan

• Check that those employees with existing accommodation plans also have individualized emergency response information, if needed

• Determine who else needs help and how to best meet their emergency response needs-let all employees know about the process Page 32

Individualized workplace emergency response

information 2 of 3• Once an employee makes a

request for accommodation, you must provide the information as soon as possible-generally, employees with disabilities will request accommodation, however in some cases, an employer may initiate a dialogue.

• Provide emergency response information to employees in a format based on their accessibility needs

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Individualized workplace emergency response

information 3 of 3• Involve others-with the

employee’s consent, ensure information is provided to those who will be helping that employee in an emergency

• Review emergency response information when things change such as a new starter, when an employee moves to a different location or when an individual accommodation plan is reviewedPage 34

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Recruitment and informing employees of

supports

Recruitment and informing employees of supports 1 of 3

• Any internal or external recruitment postings should have a statement that accommodation is available for applicants with a disability

• Any applicants selected for an interview or further assessment are aware that they can ask for accommodation

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Recruitment and informing employees of supports 2 of 3

• The organization must consult with the candidate to come up with a suitable accommodation

• Any successful candidate who is offered employment is informed about the employer’s policy for accommodating employees with disabilities

• Any new employee is informed at their orientation about the employer’s policy for accommodating employees with disabilities Page 37

Recruitment and informing employees of supports 3 of 3

• The employer regularly communicates its policy on workplace accommodation to all employees, for example, at meetings, on bulletin boards and more

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Interviewing disabled people

Interviewing disabled people

• Any disability• Applicant using a wheelchair• Applicant with an intellectual

disability• Applicant with a visual

impairment• Applicant with a hearing

impairment

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Challenging stereotypical thinking

Challenging stereotypical thinking 1 of 5

• Disability should not be confused with all long term illness, as disability can affect health in different ways

• Disability should not be seen in a narrow way – for example, a very small percentage of people with disabilities are wheelchair users 

• Not all disabilities are obvious-more people acquire disabilities than are born with them

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Challenging stereotypical thinking 2 of 5

• Problems can arise for a disabled person related to the physical design of the environment they are in such as offices, shops and public places and transport-they can also relate to operational customs and practices at work such as hours of work or time keeping

• Organizational image and reputation can be seriously damaged or enhanced by negative or positive experiences relating to disabilityPage 43

Challenging stereotypical thinking3 of 5

• Mental health problems such as depression and anxiety affect a significant proportion of the population and stress-related illness has recently overtaken muscular-skeletal problems as the top cause of absence

• People with disabilities continue to find it significantly more difficult to get a job than able-bodied people because employers fail to approach the management of disability positivelyPage 44

Challenging stereotypical thinking 4 of 5

• It is possible to make simple changes to jobs and the way they are carried out in order successfully to employ someone with a physical or mental impairment or learning difficulty without serious cost or even at no cost at all-funding support to help a disabled person regarding employment may be available

• Good practice shows that there can be easy ways to recruit and retain talented people with disabilities, which can often bring more general benefits in other ways

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Challenging stereotypical thinking 5 of 5

• Not everyone with a disability under the legal definition would see themselves as such and many disabled people fear disclosing such information for fear of being unfairly treated; such apprehension is bad for everyone and businesses-organizations need to focus on building trust through honest and open conversations which can build employee engagement and good employee relations.  

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Yukon’s employment strategy

Yukon’s employment strategy 1 of 2

• Information and education

• Stakeholder engagement

• Employment strategy

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Yukon’s employment strategy 2 of 2

ACTION PLAN• Services to

stakeholders• Employer supports• Performance• Empowerment• Information and

support• Capacity

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Conclusion and questions

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Conclusion and questionsSummaryVideosQuestions