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Disability in the Canadian workplace

by Toronto Training and HR

October 2013
CONTENTS
5-6
7-8
9-10
11-12
13-14
15-19
20-21
22-25
26-27
28-30
31-34
35-38
39-40
41-46
47-49
50-51

Definition
Forms of discrimination
Types of disability
Barriers
The Ontario Human Rights Code
Accommodations
The AODA Employment Standard
An action plan for disability
Drill
Accessible formats and communication supports
Individualized workplace emergency response information
Recruitment and informing employees of supports
Interviewing disabled people
Challenging stereotypical thinking
Yukon’s employment strategy
Conclusion and questions

Page 2
Introduction

Page 3
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 banking
10 years in training and human resources
Freelance practitioner since 2006
The core services provided by Toronto Training and HR
are:
Training event design
Training event delivery
Reducing costs, saving time plus improving
employee engagement and morale
Services for job seekers
Page 4
Definition

Page 5
Definition
• Disability

Page 6
Forms of discrimination

Page 7
Forms of discrimination
•
•
•
•
•
•

Direct discrimination
Indirect discrimination
Associative discrimination
Perceptive discrimination
Victimization
Harassment

Page 8
Types of disability

Page 9
Types of disability
•
•
•
•
•
•
•

Visual
Hearing
Deaf-blind
Physical-mobility
Mental health
Developmental/intellectual
Learning

Page 10
Barriers

Page 11
Barriers
•
•
•
•
•

Attitudinal
Information or communications
Technology
Organizational
Architectural or physical

Page 12
The Ontario Human Rights
Code

Page 13
The Ontario Human Rights Code
• Provides for equal rights and
opportunities, and freedom from
discrimination
• Duty to accommodate
• Examples of accommodation
• Accommodation responsibilities

Page 14
Accommodations

Page 15
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
Page 16
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

Page 17
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 Code
Page 18
Accommodations 4 of 4
DEVELOPING 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

Page 19
The AODA Employment
Standard

Page 20
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

Page 21
An action plan for
disability

Page 22
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

Page 23
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
Page
• Follow good24recruitment practice
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 date
Page 25
Drill

Page 26
Drill

Page 27
Accessible formats and
communication supports

Page 28
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
Page 30
Individualized workplace
emergency response
information

Page 31
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 possiblegenerally, 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
Page 33
needs
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 reviewed
Page 34
Recruitment and
informing employees of
supports

Page 35
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

Page 36
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

Page 38
Interviewing disabled
people

Page 39
Interviewing disabled people
• Any disability
• Applicant using a wheelchair
• Applicant with an intellectual
disability
• Applicant with a visual
impairment
• Applicant with a hearing
impairment

Page 40
Challenging stereotypical
thinking

Page 41
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

Page 42
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 disability
Page 43
Challenging stereotypical thinking
3 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 positively
Page 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 Page 45
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.
Page 46
Yukon’s employment
strategy

Page 47
Yukon’s employment strategy 1 of 2
• Information and
education
• Stakeholder engagement
• Employment strategy

Page 48
Yukon’s employment strategy 2 of 2
ACTION PLAN
• Services to stakeholders
• Employer supports
• Performance
• Empowerment
• Information and support
• Capacity

Page 49
Conclusion and questions

Page 50
Conclusion and questions
Summary
Videos
Questions

Page 51

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Disability October 2013

  • 1. Disability in the Canadian workplace by Toronto Training and HR October 2013
  • 2. CONTENTS 5-6 7-8 9-10 11-12 13-14 15-19 20-21 22-25 26-27 28-30 31-34 35-38 39-40 41-46 47-49 50-51 Definition Forms of discrimination Types of disability Barriers The Ontario Human Rights Code Accommodations The AODA Employment Standard An action plan for disability Drill Accessible formats and communication supports Individualized workplace emergency response information Recruitment and informing employees of supports Interviewing disabled people Challenging stereotypical thinking Yukon’s employment strategy Conclusion and questions Page 2
  • 4. 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 banking 10 years in training and human resources Freelance practitioner since 2006 The core services provided by Toronto Training and HR are: Training event design Training event delivery Reducing costs, saving time plus improving employee engagement and morale Services for job seekers Page 4
  • 8. Forms of discrimination • • • • • • Direct discrimination Indirect discrimination Associative discrimination Perceptive discrimination Victimization Harassment Page 8
  • 13. The Ontario Human Rights Code Page 13
  • 14. The Ontario Human Rights Code • Provides for equal rights and opportunities, and freedom from discrimination • Duty to accommodate • Examples of accommodation • Accommodation responsibilities Page 14
  • 16. 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 Page 16
  • 17. 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 Page 17
  • 18. 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 Code Page 18
  • 19. Accommodations 4 of 4 DEVELOPING 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 Page 19
  • 21. 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 Page 21
  • 22. An action plan for disability Page 22
  • 23. 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 Page 23
  • 24. 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 Page • Follow good24recruitment practice
  • 25. 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 date Page 25
  • 29. 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
  • 30. 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 Page 30
  • 32. 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
  • 33. Individualized workplace emergency response information 2 of 3 • Once an employee makes a request for accommodation, you must provide the information as soon as possiblegenerally, 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 Page 33 needs
  • 34. 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 reviewed Page 34
  • 35. Recruitment and informing employees of supports Page 35
  • 36. 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 Page 36
  • 37. 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
  • 38. 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 Page 38
  • 40. Interviewing disabled people • Any disability • Applicant using a wheelchair • Applicant with an intellectual disability • Applicant with a visual impairment • Applicant with a hearing impairment Page 40
  • 42. 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 Page 42
  • 43. 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 disability Page 43
  • 44. Challenging stereotypical thinking 3 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 positively Page 44
  • 45. 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 Page 45
  • 46. 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. Page 46
  • 48. Yukon’s employment strategy 1 of 2 • Information and education • Stakeholder engagement • Employment strategy Page 48
  • 49. Yukon’s employment strategy 2 of 2 ACTION PLAN • Services to stakeholders • Employer supports • Performance • Empowerment • Information and support • Capacity Page 49