The Ontario Human Rights Code requires all employers to meet the accommodation needs of employees with disabilities to the point of undue hardship.
The Employment Standard builds on this requirement. The standard requires employers to have processes in place to determine an employee’s accommodation needs, and it addresses key processes in the life cycle of a job. Requirements apply only to paid employees, not volunteers and non-paid individuals.
- MDG provides all employees, both new and existing of policies on providing job accommodations that take into account an employee’s accessibility needs due to disability. This will make all employees aware of how MDG will support them if they have a disability – or should they acquire a disability later in their career.
- MDG will consult with employees to determine their accessibility needs and how best to accommodate them.
- MDG will provide individualized workplace emergency response information to employees with disabilities if their disability makes it necessary and if the MDG is aware of the employees’ need. With the employees’ consent, MDG must ensure the information is shared with anyone designated to assist them in an emergency.
1.0 INFORMING EMPLOYEES
- 1.1 During the orientation process, new employees will be provided a full review and a copy of this policy.
- 1.2 A copy of this policy will be posted on company wide Health & Safety boards and will be reviewed annually at Employee Meetings.
2.0 ACCESSIBLE FORMATS AND COMMUNICATION SUPPORTS FOR EMPLOYEES
- 2.1 When requested by an employee with a disability, MDG will provide or arrange for the provision of accessible formats and communication supports for information needed to perform the team member’s job, and information generally available to team members in workplace
- 2.2 When hired, employees may request accessible formats and communication supports for information required to perform their job and information generally available to all employees.
3.0 WORKPLACE ACCOMODATION PROCESS
- Workplace accommodation is a shared responsibility and accountability, including a partnership between the Individual Employee, the Employer, Human Resources, and as needed, (including Health Care Professionals, or other third-party experts).
- Individualization: The accommodation process, while consistently applied, is most successful when its solutions are individually tailored to each unique situation and to each employee they function to assist.
- Ensuring the person with a disability who is requesting an accommodation is involved in the full process and planning of the accommodation provisions.
- Respect for the dignity of the individual, ensuring that the accommodation provided meets the specific requirements of the person with the disability requesting the accommodation.
The workplace accommodation process includes the following five phases:
3.1 Recognize the Need for Accommodation
The need for accommodation can be:
- Requested by the employee in writing to one of the following parties at the employee’s discretion: their Supervisor / Manager, their Human Resource Consultant, or their Union representative; or
Workplace Accommodation Policy
- Identified by the Employee’s Manager or the Hiring Manager; or
- Employees or prospective employees may request the participation of a support person if required.
Duty to Inform, Gather Relevant Information and Assess Needs
MDG will accept the employee’s or prospective employee’s request for accommodation in good faith, unless there are legitimate reasons for requiring additional information from a health care professional who can speak to the disability and disability needs as they relate to employment.
In cases where MDG requires additional documentation from a health care professional, the company may request this information directly from the Employee or the prospective Employee, or may request an evaluation by an outside third-party expert, at MDG’s expense in order to assist the company in determining how the accommodation can be achieved.
The duty to inform requires the employee or prospective Employee to cooperate in answering questions or providing information regarding the relevant restrictions or limitations, including information from a Health Care Professional where appropriate and as needed. The Employee or prospective Employee is not required to disclose their disability.
Formalizing an Individual Accommodation Plan (IAP)
The Employee and Supervisor/Manager will work together to identify the appropriate workplace accommodation, in consultation with the Human Resources Manager or the External Expert (as needed).
Once the appropriate accommodation has been identified, the accommodation details will be formally documented as an Individual Accommodation Plan (see Appendix 1).
3.4 Workplace Accommodation Policy
In accordance with the AODA O. Reg. 191/11, s. 28 (3), individual accommodation plans must be documented and must include:
How MDG will provide workplace information in an accessible format, if requested;
- If accommodations or special assistance is needed during a workplace emergency response and if a person is needed to provide assistance during a workplace emergency
- Any other accommodation that is to be provided.
The accommodation plan is provided to the employee in a format respecting any accessibility needs, as appropriate.
3.5 Monitoring and Reviewing the Individual Accommodation Plan
- The Employee and Supervisor / Manager/Human Resources will monitor the IAP to ensure that it is current and effective with formal reviews conducted on an annual basis.
- An Employee may request that an IAP be reviewed or updated if changes to the workplace accommodation(s) are required due to changes in the Employee’s accessibility need due to disability.
- An Employee will initiate their Individual Accommodation Plan (IAP) to be reviewed in the case that the Employee’s work location or position changes.
- Any updates or reviews to the IAP will be provided to the employee in a format that takes into consideration the Employee’s accessibility need due to disability.
- Where an Employee is dissatisfied with an identified accommodation, a review can be undertaken by the Human Resources Manager. The Employee must provide a rationale in writing of the request for review and must provide any new relevant information.
4.0 PERFORMANCE MANAGEMENT, CAREER DEVELOPMENT AND ADVANCEMENT
- 4.1 During the performance management, career development, and succession planning process MDG will take into account the accessibility needs of employees with disabilities and their individual accommodation plans.
- 4.2 Performance management documents, tools, etc. will be provided in accessible format upon request.
- 4.3 During MDG Succession planning process, accommodation for employees with disabilities will be documented.