Section 1: What Is "Accommodation"?
Section 2: The Policy and its Legal Grounds
Section 3: Responsibilities and Expectations
Section 4: The Accommodation Process
Section 6. Resources And Support
The "Policy on the Duty To Accommodate Persons with Disabilities in the Federal Public
Service" (hereafter referred to as the "Policy" and identified with the symbol
) is intended to:
Preamble To The PolicyThe Treasury Board and the Public Service Commission are committed to developing an inclusive, barrier-free work environment in which:
Policy Objectives
The policy seeks to ensure the full participation of persons with disabilities in the federal Public Service, whether as candidates for employment or as employees.
Application-Who Is Affected By The Policy?
This policy applies with respect to accommodation:
Effective Date
This policy came into effect on June 3, 2002. It replaces the Treasury Board Policy on the Provision of Accommodation to Employees with Disabilities dated July 1, 1999.
Why A New Policy?
Appendix A Guideline:
"The corporate culture of a department or agency can ensure that persons with disabilities feel welcome in that environment. Training should be made available to managers and others, such as selection board members, on the duty to accommodate." (and) "Although this policy applies only to employees of, and candidates for positions in, the federal Public Service, managers and others are expected to abide by the spirit of the policy when dealing with other persons who work for the federal Public Service, such as students and locally engaged staff."
This information session, manual, and additional support tools are for employees of the Federal Public Service who:
The objectives of these sessions are to:
Learning Outcomes
By the end of this session, participants will:
Support documents regarding the policy and its implementation, copies of this manual, and tips for facilitating this workshop are available. For accommodations:
In The Workplace see Treasury Board Secretariat web site: www.tbs-sct.gc.ca or http://publiservice.tbs-sct.gc.ca
During The Staffing Process see Public Service Commission www.psc-cfp.gc.ca
In this section we:
Exercise 1: What is "Accommodation?"
What thoughts and feelings do you associate with the term "workplace accommodation?"
In its broadest definition, "accommodate" means to "fit to, or adapt". Accommodation starts with designing work environments and procedures that include everyone. When this design is not enough to meet unique individual needs, additional accommodations may be needed. It is about what can be done to our work environment so that we can do our work more effectively. This policy addresses accommodation within the context of the unique needs of persons with disabilities.
Examples of types of accommodation:
Exercise 2:
Describe one way in which (a) you have received an "accommodation" for your unique work needs, and (b) an accommodation has been provided to a colleague of yours.
Describe one way in which you have provided an accommodation to an employee.
Accommodation means designing work environments that are barrier-free, so that everyone is given the opportunity to perform to their potential. When the designs are not enough and individuals need accommodation, it also means making adjustments or alternative arrangements, or changing a rule or a practice in order to remove discriminatory effects.
Treating people with unique needs, especially persons with disabilities, in exactly the same way as the general population often does not eliminate discrimination, and frequently adds barriers. Sometimes an accommodation is needed in order to be fair and equitable, both of these are fundamental Canadian values.
When accommodating a person with a disability, whether in the design or as an adaptation, three principles must be kept in mind:
The following pages highlight the parts of the "Policy" that elaborate on:
Determining what is a disability depends on the circumstances of each case. The following have been found to be disabilities:
For more information on specific disabilities, see internet web sites for - Canadian Health Network (CHN) http://www.nbeastersealmarchofdimes.ca/chn/Network_Contributors.htm
Policy Definitions
Accommodation is defined as the design and adaptation of the work environment to the needs of as many types of persons as possible and, according to the Supreme Court of Canada, refers to what is required in the circumstances of each case to avoid discrimination.
Persons with disabilities as defined by the Employment Equity Act, are persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment and who:
consider themselves disadvantaged in employment by reason of that impairment or believe that an employer or potential employer likely would consider them disadvantaged in employment by reason of that impairment.
These would include persons whose functional limitations owing to their impairment have been accommodated in their current job or workplace.
For the purpose of this policy, persons with disabilities do not have to fall strictly within this definition.
Annex A Guidelines: Examples - Types Of Accommodations:
During the selection process, a person's qualifications must be assessed after the person has been accommodated.
Types of accommodation during the selection process may include, but are not limited to:
Alternate formats can include:
Policy Definitions
Barriers are physical barriers, as well as formal or informal policies and practices that restrict or exclude persons in the designated groups from employment opportunities in the federal Public Service.
Candidates includes applicants from outside the federal Public Service, as well as existing employees who are participating in a staffing process.
Facilities include premises and equipment.
Staffing and selection processes include open, closed or without competition staffing actions that result in a permanent or temporary appointment or deployment.
These processes encompass all related activities such as establishing qualifications, advertising, assessment, giving notice that an appointment or deployment has been made, recourse and disclosure, as well as any related communications with candidates.
Systems include information systems and employment systems (such as policies, practices, directives and guidelines).
Types of accommodation in the workplace may include, but are not limited to:
For more ideas and help, see:
- Treasury Board http://www.tbs-sct.gc.ca, or http://publiservice.tbs-sct.gc.ca click "Topics A Z," select "Accessibility"- EEPMP
- PSC http://www.psc-cfp.gc.ca/ee/eepmp_e.htm
- Assistive Devices Industry Office of Industry Canada http://strategis.ic.gc.ca
- Environment Canada Adaptive Computer Technology (ACT) Program http://www.ec.gc.ca/act-tia/
Policy Definitions
Adaptive technology consists of work-related devices or equipment that allow employees with disabilities to participate as fully as possible in the workplace and include items such as magnification software and hardware, voice recognition software and augmentative communication devices.
Attendant services refers to the provision of services to persons with disabilities who require assistance with the duties of their position, as well as assistance with activities of everyday living during the employees' hours of work.
Employees includes full-time, part-time, casual, seasonal, term and indeterminate employees.
Employment and employment -related opportunities includes appointments, promotions, deployments, secondments, assignments, training and career development opportunities.
Flexible work arrangements include but are not limited to tele-work and compressed work weeks.
Work-related events includes meetings, training programs, conferences, retreats, seminars, social events and information sessions, whether conducted inside or outside the workplace.
Attendant and other services: The contracting department should refer to the standard clauses established by Public Works and Government Services Canada for inclusion in contracts for attendant and other services.
Travel status: When employees with disabilities are on travel status and suitable attendant services cannot be provided, or the services of a travel companion are required, a separate contract may be necessary and the service shall be provided at the department's expense.
Parking requirements: Departments and agencies are responsible for setting parking rates for government-owned or leased parking lots. Departments should determine whether it is appropriate to charge parking fees to employees with a disability who are unable to use public transit, and, if so, what those fees should be.
Who Pays For The Accommodation?
Departments provide and pay for technical aids, equipment and services for employees with disabilities as well as repairs to such aids and equipment, (to the point of undue hardship.) Some departments have established a central pool of funds available to all managers to share the cost of accommodation. In other departments, managers are expected to pay for accommodation directly from their budgets. Each department can decide how it will approach this issue. As there are many ways of addressing the issue of funding, departments will deal with the issue in the way that works best for them in keeping with the intent and spirit of the policy.
Appendix A Guideline:
"Departments and agencies are expected to integrate into their budgets and
financial planning exercises the resources necessary to accommodate their
employees. When considering cost, it should be kept in mind that in many cases
the cost will be amortized over the employee's entire career. Also, there are
many payment options available, include leasing, for any necessary
equipment."
Experience tells us that the cost of most accommodations is reasonable. See the following chart for an overview of the usual costs and benefits of accommodation.
The Job Accommodation Network estimates that the costs of accommodation were as follows (1999):
In their publication, "Barrier-Free Employers", the Canadian Human Rights Commission (CHRC) to says, "…employers can accommodate most adaptation needs for $500 or less. These costs are even more reasonable when you consider them amortized over the entire duration of the employee's stay in your organization."
See internet web site: http://www.chrc-ccdp.ca/discrimination/barrier_free-en.asp
What Benefits Come From Accommodation?
Accommodation supports an inclusive, barrier-free, and fair work environment. This has "bottom-line" consequences to operational costs:
How does your Department or agency handle the funding of accommodations for persons with disabilities?
In this section we will:
Note: Examples of legal precedent will be used only to illustrate the meanings of terms. Each situation is different, and these examples are not to be assumed as legal advice for your specific set of circumstances. Inquiries about a particular case should be directed to human resource or employment equity personnel in your department or agency.
Policy Statement
It is the policy of the Treasury Board and the Public Service Commission to create and maintain an inclusive, barrier-free environment in the federal Public Service to ensure the full participation of persons with disabilities.
This policy is to be implemented by:
Workplace accommodation is not a courtesy -- it's the law. Three major legal developments have taken place that have had great implications for people with disabilities:
1) The Charter of Rights and Freedoms, in essence, states that everyone is equal before the law, and has the right to equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability. This is outlined in section 15 of the Charter.
See Dept. of Justice Canada http://laws.justice.gc.ca/en/index.html
Policy Excerpt:
This policy is consistent with fundamental Canadian legal principles. The
Canadian Charter of Rights and Freedoms guarantees certain democratic rights to
all persons and prohibits discrimination on the basis of physical or mental
disability. In several cases, Canadian courts have emphasized that accommodation
is an essential means of ensuring the equal participation of all persons in all
sectors of Canadian society.
2) The Canadian Human Rights Act (CHRA) requires federal government departments and federally regulated organizations to provide workplace accommodation to anyone protected by the law unless doing so would result in undue hardship. This is commonly referred to as the "duty to accommodate" and is detailed in sections 2 to 15 of the Act.
Policy Excerpt:
Under the Canadian Human Rights Act, employers must accommodate individuals and
groups of individuals to the point of undue hardship considering issues of
health, safety and cost.
See CHRC, "Click" Legislation and Policies http://www.chrc-ccdp.ca/legislation_policies/default-en.asp
3) The Employment Equity Act (EEA) requires employers to achieve a representative workforce by developing and putting into effect an employment equity program that removes barriers for women, members of visible minorities, Aboriginal persons, and people with disabilities. The EEA also requires the accommodation of all four designated groups.
Policy Excerpt:
The Employment Equity Act requires the reasonable accommodation of persons with
disabilities and others within the federal workplace. The Act also requires
employers to identify and remove barriers to the employment of persons in
designated groups.
Under the Employment Equity Act, the Treasury Board and the Public Service Commission share employer responsibilities to the extent of their authority under the Financial Administration Act and the Public Service Employment Act. This policy therefore sets out the requirements for the Treasury Board, the Public Service Commission and their delegates.
See CHRC, "Click" Legislation and Policies http://www.chrc-ccdp.ca/legislation_policies/default-en.asp
"Duty to accommodate refers to the obligation of an employer, service provider, or union to take appropriate steps to eliminate disadvantage to employees, prospective employees, or clients resulting from a rule, practice or physical barrier that has or may have an adverse impact on persons with disabilities."
Canadian Human Rights Commission
See CHRC, "Click" Legislation and Policies http://www.chrc-ccdp.ca/legislation_policies/default-en.asp
The duty to accommodate is the single most important factor to positively affect the participation of people with disabilities in the workplace. The meaning of the duty to accommodate up to the point of undue hardship continues to evolve through legal interpretations of tribunals and courts. The law requires that an employer will provide accommodations unless it can demonstrate that the provisions of those accommodations would cause an undue hardship. In the absence of being able to prove undue hardship, the employer or service provider would not be able to establish a defence against a claim of discrimination.
a) Extent of the Duty to Accommodate
According to the Supreme Court of Canada, barriers to participation for persons with disabilities must be eliminated from policies, rules, standards and practices at the design stage. Employers cannot rely on accommodating individuals after the fact but must build accommodation into their policies or practices, as far as possible, to the point of undue hardship.
When the need does arise to accommodate an employee, an employer must determine:
For legal precedents, see internet web site: www.workink.com
b) Limits of the Duty to Accommodate
The duty to accommodate is not limitless. Accommodation always requires a balancing act between the rights of an employee with a disability to equal treatment, and the rights of an employer to operate a productive workplace. The employer is not required to:
Note: The "nature" or "level" of qualifications and requirements must not be altered by accommodations. Employees, once accommodated, are expected to meet bona fide occupational requirements and standards. Likewise, candidates are not exempted from meeting bona fide occupational qualifications.
c) When It Appears That The Duty To Accommodate Has Not Been Met:
The onus is on the complainant first to make a prima facie case of discrimination. Complainants must be able to show that they were denied a job or a service, or discriminated in employment or in the provision of a service due to their disability, or on the basis any other ground protected by the Charter of Rights and Freedoms. Once that is done, the onus shifts to the Respondent to establish a justification for the discrimination.
"[In order to establish an exception to the duty to accommodation] ...it must be established that accommodation of the needs of an individual or a class of individuals affected would impose undue hardship on the person who would have to accommodate those needs, considering health, safety and cost."
Canadian Human Rights Commission
Undue hardship occurs if accommodation would create onerous conditions for an employer or service provider, especially regarding health, safety and cost. In addition, in Central Alberta Dairy Pool, supra, the Supreme Court listed some other factors that might be relevant to determining whether the hardship resulting from an accommodation measure should be considered "undue" (D/438, para. 63):
For full details on this case, see www.workink.com
We will briefly look at these factors, as well as how the size of the operation influences what may be considered as "undue hardship." Remember that the onus is on the employer to prove "undue hardship." Jurisprudence continues to redefine the interpretation of what factors are most relevant in assessing undue hardship in a given context. Several factors have been examined, including the following:
a) Health and safety concerns:
The issues to examine here are whether the proposed accommodation would pose a safety risk to:
(i) other employees or
(ii) the employee seeking an accommodation.
For example, if an employee with a significant substance abuse problem operates safety-sensitive equipment (i.e., a forklift in a warehouse), then the employer may be justified in relying upon the potential danger to other employees, or even to the employee himself or herself, as a compelling undue hardship factor. However, if the only safety issue is to an employee himself or herself, then the undue hardship threshold will be usually much higher.
Where health and safety is a concern, both the level of risk and who bears that risk must be considered.
Co-worker morale problems that can be directly linked to the accommodation could also be grounds for undue hardship due to health and safety reasons. For example, modifying the job duties of one person to accommodate them may create a health or safety risk for other employees. This may be due to the negative impact of increased workload, a higher proportion of heavy duties, or unreasonable overtime.
b) Financial costs:
Financial costs must be so significant that they would substantially affect the viability or productivity of the employer (or service provider) responsible for the accommodation. When considering "Financial costs" as grounds for undue hardship, these items usually cannot be included:
The size of the employer affects the case for undue hardship. The larger the operation, the more likely it is that it can afford to support a wider range of responses for a person seeking accommodation, as it can more easily absorb the cost of accommodations and amortize these costs.
c) Disruption of operations:
An accommodation could be such an inconvenience that it would prevent the employer or service provider from carrying out essential business. For example, modifying a workspace in a way that substantially interferes with workflow and reduces efficiency may be considered disruptive to a point of undue hardship.
d) Substantial interference with the rights of others:
A proposed accommodation should not interfere significantly with the rights of others or discriminate against them. The objections of others must be based on well-grounded concerns that their rights will be affected. For example, a substantial departure from the terms of a collective agreement could be a serious concern.
Note that unions can also be liable if they unreasonably block an employer's attempt to accommodate a person, or create barriers through the negotiation of contracts or design of union procedures.
e) Interchangeability of work force and facilities:
This refers to whether an employer could reasonably relocate employees to other positions on a temporary or permanent basis. This usually is easier for a larger company.
f) Example of undue hardship proven by the employer:
Undue hardship is very hard to prove for an organization as large, diverse and
financially sound as the federal government. However, where the employer can
demonstrate that it has explored every available, reasonable step to provide an
accommodation short of undue hardship, then the duty to accommodate will usually
demand no more.
Example: Holmes v. Attorney-General of Canada.
A pay clerk (CR-03) working for the federal government developed severe numbness and pain in her right shoulder, making it difficult to perform her duties. After trying to accommodate her, Holmes was released because of incapacity to perform her duties. She filed a complaint with the Canadian Human Rights Commission, which found that the employer had taken reasonable steps to accommodate her. On judicial review of the Commission's decision, the Federal Court, Trial Division upheld the denial to take the complaint to the CHR Tribunal. The Holmes case is one specific to the Federal Public Service. There are also a number of more recent cases.
In its decision, the Court noted that the Department had, prior to recommending that she be released, taken the following steps:
1) Assigned Holmes other duties as a receptionist. This proved to be unsatisfactory, as Holmes was unable to handle a typing load.
2) For almost one year, assigned her only limited and lighter duties as a pay clerk.
3) Assigned Holmes to a special project to facilitate her recovery, and provided her with an adjustable chair, an adjustable monitor screen arm, step stools, a tray to raise her keyboard and push carts for moving files. She still could not keep up with the work demands.
4) Had Holmes assessed twice by Health Canada, who said Holmes could do sedentary work, and could do her substantive duties on a part-time, reduced basis. Holmes' physician disagreed, but said Holmes was capable of regular, gainful work in another placement.
5) Again, assigned Holmes only light duties. Nevertheless, on many days, she was unable to perform any of her duties;
6) Met with Holmes about other work options and offered Holmes three hours per day for a period of three weeks to undertake either a job search or a recommended rehabilitation program. She was asked to present the Workers Compensation Board with a rehabilitation program but did not, so her case was closed.
7) Tried to find Holmes another job by placing her resume on the Departmental Transfer Inventory at the Public Service Commission. All vacant positions within the Department for which Holmes was qualified were reviewed. However, all concerned concluded that these positions required the use of the same muscles as those employed in her substantive position.
The Federal Court stated that the undue hardship standard: "…does not
require that an employer act as a placement officer or create a new position
expressly for the disabled employee comprising new duties that were previously
non-existent and that do not suit its need…(and) …The employer's obligation
is to make a genuine effort to accommodate an employee, efforts that are
consistent with the type of work for which the worker was hired."
The law recognizes that, in certain situations, a limitation on individual rights may be reasonable and justifiable. Discrimination or exclusion may be allowed if an employer can show that a discriminatory requirement of a job is essential for performing that job. For example, to perform the job of driving a truck safely, persons employed as drivers must meet vision standards and have an appropriate driver 's license. A legally blind person would be legitimately excluded from a position as a truck driver since he/she cannot meet these two bona fide occupational requirements. The onus is on the employer to prove a BFOR if the complainant shows a prima facie case of discrimination.
Policy Excerpt:
Bona fide occupational requirements, according to the Supreme Court of Canada, are those requirements that:
The above ruling emerged from the landmark Meiorin v. The Government of British Columbia case, and is now the test for determining which occupational requirements are reasonable and justifiable. The test requires that employers take into account the capabilities of different members of society before adopting a bona fide occupational requirement or qualification, and before adopting standards and tests to evaluate a person against this BFOR. This does not mean that the employer cannot set standards, but it does mean that the standards must only reflect the true requirements of the job.
In Grismer v. B. C. (Superintendent of Motor Vehicles) the court extended the Meiorin ruling to those providing services to clients, and ensures that each person is assessed according to his or her own personal abilities rather than presumed group characteristics. Green v. TBS, PSC and HRDC applied the Grismer precedent and found that the PSC had not met their "duty to accommodate" Green's dyslexia in the language diagnostic testing process.
For details on these cases, see internet web site: CHRC, "Publications" http://www.chrc-ccdp.ca/publications/employment_equity-en.asp
Appendix A Guideline: "If provision for accommodation has not been incorporated into the policy or standard then the policy or standard is not a bona fide occupational requirement."
a) Evaluation of a bona fide occupational requirement
To meet the three-step test to prove a BFOR, employers should expect a court or tribunal to ask for solid answers to questions such as:
1) Rational connection to the performance of the job
Evidence may involve identifying the jobs to which the policy or standard applies and identifying the duties involved in these jobs.
2) Honest and good faith belief that the requirement or standard is necessary
3) Reasonable necessity
What are the potential consequences of failing to accommodate?
If the employer or service provider fails to provide accommodation to the point of undue hardship, then the employer or service provider may be in contravention of the Canadian Human Rights Act, and the person seeking accommodation may file a complaint with the Canadian Human Rights Commission.
If, on the other hand, the person seeking accommodation refuses a reasonable and appropriate accommodation, the employer or service provider has likely met their legal burden.
In this section we will:
In the following three pages are the responsibilities listed in the policy for:
a) Selection and Assessment Accommodation:
b) Workplace Accommodation:
In addition to those identified in the policy, we also include:
This will be a discussion with the same group you worked with previously.
Focus question: "Given these responsibilities, what will help you and what might hinder you in implementing the accommodation process?"
Be ready to report on one very important "helper - one thing that will work for you;" and one "hinderer - one major challenge you might face".
The Public Service Commission and/or its delegates will:
Candidates in a selection process must:
Workplace - Responsibilities
The Treasury Board Secretariat will:
Policy Requirements: Workplace - Responsibilities
Deputy heads are responsible for the implementation of this policy within their departments. They and their delegates must:
Employees must:
While the person seeking accommodation has a right to privacy, the employer or service provider has a right to, and a need for, information that can help determine appropriate accommodation measures.
The manager/human resource advisor is not entitled to confidential medical information. Employers may request information about:
Note: Medical information should only be provided to a person in the department who is authorized to retain confidential medical information. This information should not go on the person's file.
It is the employee 's responsibility to provide information that will help assess an accommodation request.
Not named in the policy, but important to the success of many accommodation measures are: unions and professional associations; and the co workers of the person needing accommodation.
are expected to:
are expected to:
In this section we will:
The Accommodation Process is similar to other effective decision-making models. Accommodation relies on good leadership, good communication, openness, creativity, flexibility, and emotional intelligence on the part of all people involved. The following model will help illustrate the flow of the accommodation process.
Annex A Guideline:
"Departments and agencies should develop their own internal procedures for dealing with accommodation requests, including mechanisms for resolving situations where accommodation is denied. All candidates and employees should be advised of such procedures."
Also see the Personnel Psychology Centre (PPC) of the PSC "Guidelines for Assessing Persons with Disabilities," for details and additional ideas on the accommodation process http://www.psc-cfp.gc.ca/ppc/disability/chap_1_e.htm
Throughout The Process: Create an inclusive work environment
An inclusive work environment is based on mutual respect and trust, so that challenging issues can be identified without fear of reprisal or embarrassment, and dealt with professionally. An inclusive work environment depends on intentional barrier-free designs, creative solutions to address individual accommodation needs, and clear, timely communication aimed at maximizing the performance of all employees, including those with disabilities.
Annex A Guidelines:
"The Treasury Board and the Public Service Commission are committed to an inclusive and barrier-free work environment in which all persons have equal access to opportunities in the federal Public Service and appointments are based on merit. Creating such a work environment requires that differences are accommodated before the merit assessment is undertaken and that assessment and evaluation tools are inclusive and barrier-free. (and) The corporate culture of a department or agency can ensure that persons with disabilities feel welcome in that environment. Training should be made available to managers and others, such as selection board members, on the duty to accommodate."
Whenever possible, a department should plan the design or redesign of a system or a procedure or a physical facilities with as many types of people as possible in mind. This could avoid having the trouble and/or expense of rectifying systems later. Departments may wish to consult with experts and with persons with disabilities either through the department's committee for persons with disabilities or by contacting an appropriate association in the community.
See TBS web site: http://www.tbs-sct.gc.ca or http://publiservice.tbs-sct.gc.ca for the publication, Creating a Welcoming Workplace for Employees with Disabilities and TBS Topic A-Z, "Inclusiveness" http://www.tbs-sct.gc.ca/tbsimScripts/topic-sujet-list_e.asp?ID=418&view=expand
and CHRC Publications, A Place For All - A Guide to Creating an Inclusive Workplace; and A Guide to Screening and Selection in Employment http://www.chrc-ccdp.ca/discrimination/place_for_all-en.asp
To recognize a need, employers, employees and potential employees must be ready to listen to each other respectfully and be watchful for signals that may indicate that an accommodation is required. Often people are uncomfortable in identifying that they have accommodation needs for fear of identifying as someone with a disability. This can lead employers to think that there is no issue or no urgency in responding. Often the issue gets raised due to changes in behavior or performance, and we have to be aware that the cause of the change may well be due to a need for accommodation.
This demands an awareness by all people involved of:
the thoughts and feelings that are aroused in us when a person needs or requests an accommodation;
the interpretations and assumptions that we may make about the other people or the situation, and that need to be checked out before we act;
our own needs and the needs of others who may be affected by the accommodation.
a) Expectations of The Person Needing Accommodation
People who face a disadvantage caused by the facilities, equipment, application of a rule or practice may need accommodation in order to overcome this disadvantage. A request for accommodation need not be in writing, but should be communicated as clearly and specifically as possible. For example:
Explain why the accommodation is required;
Be specific about our need for accommodation. Exactly what barrier or disadvantage do we need to overcome to be able to perform to our potential (for example, to be able to read the computer screen more easily and quickly?);
Indicate approximately how long the accommodation will be required, if known;
If available, support the request for accommodation with evidence or documents -such as written statements from health care providers. (If there are concerns for confidentiality, contact the PPC);
Recommend any appropriate accommodation measures.
Annex A Guideline: "To implement employment equity, the federal Public Service encourages and promotes members of designated groups to identify themselves. However, an employee does not have to self-identify as a person with a disability in order to be accommodated or to have accommodation offered to him or her. The self-identification process is voluntary and the information obtained from it is confidential. No one can be forced to self-identify to receive accommodation or after he or she has been accommodated."
b) Expectations Of The Employer (or Service Provider)
If the employer receives a request for accommodation, he/she should:
Be aware that the onus to accommodate is on the employer or service provider, once a request is received;
Make time to listen to and really understand the needs of the person seeking accommodation and consider their suggestions for accommodation;
Review any evidence that the person seeking accommodation provides to support the request for accommodation, for example, medical documents;
Be willing to take substantial and meaningful measures to accommodate the needs of the person seeking accommodation.
Annex A Guideline: "A request for accommodation need not be in writing, but should be communicated as clearly and specifically as possible. The person to whom the request has been directed should do the following.
The employer is also expected to offer accommodation if they are uncertain about a person's need for accommodation, or have become aware of changes in behavior and performance that could indicate a need for changes.
Annex A Guideline: "The accommodation process should be as uncomplicated as possible and should respect the dignity and privacy of the person being accommodated. This can be accomplished if, at the time any person applies for a position, he or she is asked whether or not accommodation is required. The inquiry should be made again at the time of appointment or at the beginning of any other staffing process." (and)
"Under certain circumstances, employers may be required to offer accommodation to an employee even though the employee has not requested accommodation. Such situations should e handled with the utmost consideration for the privacy and dignity of the employee and managers may wish to obtain confidential, expert advice from within their departments or from the Treasury Board Secretariat or the Public Service Commission before proceeding."
Before any decisions are made, relevant information must be acquired so that decisions are made to ensure the most appropriate accommodations under the circumstances are provided.
a) About The Work Environment
An assessment of the job and the work environment will often reveal where the causes of the barriers are, and where the most effective, practical and cost-efficient changes can be made. Assess:
b) About The Person Needing Accommodation
More information may be required on the person needing accommodation and the limitations and impacts that their disabling condition has on their work.
The Personnel Psychology Centre (PPC) of the PSC has the Guidelines for Assessing Persons with Disabilities, available on the PSC website at: http://www.psc-cfp.gc.ca/ppc/disability/chap_1_e.htm
Appendix A Guideline:
"Persons requesting accommodation may be asked to provide documentation from a qualified health care professional to clarify the limitations caused by the disability and/or the type of accommodation that would be most effective.
Any medical records provided should be kept strictly confidential and separate from personnel files. Requests for this type of information should come from personnel designated to deal with accommodation requests and trained to handle potentially sensitive medical information."
Now that the situation has been defined and assessed, a decision must be made. Steps 1 and 2 will help determine the criteria to use for the decision and the boundaries for the decision. These criteria must be clear and easy to communicate to others who might be interested in the outcomes or the process used to reach those outcomes. If not, then the issue must be redefined and clarified before going on.
a) The person needing accommodation is expected to:
b) The employer is expected to:
c) Who will be involved in the decision-making?
d) What are the options?
Note: An employee should continue to receive the same rate of pay they received before the accommodation, unless their duties have changed significantly or the employer would experience undue hardship to maintain their rate of pay.
e) What are the likely impacts of this decision?
A decision about accommodation means change, and change has implications on others - gains and losses.
See PSC Publications, "Strategic Thinking" http://www.psc-cfp.gc.ca/research/knowledge/strathink_e.htm
For major decisions with higher risk, see Health Canada's Decision Making Frameworks: http://www.hc-sc.gc.ca/hpfb-dgpsa/hcrisk_tc_e.html
This step can range from documenting the accommodation process privately, to holding a meeting to announce any changes that will impact on other employees. While the issues of dignity, privacy and confidentiality remain paramount, others need to know if they have new responsibilities, schedules, desk locations, etc.
a) Develop a communication strategy.
b) What if the accommodation is denied?
Employers are expected to:
Persons being denied accommodation are recommended to:
Annex A Guideline: "Persons who are denied accommodation may also wish to use the recourse mechanisms set out in the Public Service Employment Act, or contact the Canadian Human Rights Commission."
Often the monitoring of progress is neglected. An effective action plan to implement an agreement not only includes the usual answers to the questions - who? what? where? when? how? - but also the plan for follow-up. This follow-up is intended to celebrate successes, adapt to new circumstances, and learn from what needs improving. Follow-up plans need answers to:
a) Persons receiving accommodation are expected to:
b) Employers providing accommodation are expected to:
In this section we:
We will work in the same small teams of 6-8 people that we have been working with in previous exercises.
After reading the assigned case study, small groups will discuss the case. The purpose of the discussion in the small groups is to outline the first few steps you would take to address this situation, if you were faced with it. The plan may need to take into account the different needs of:
Also think about who you would involve at each step, and what key things you'd to pay the most attention to in this scenario.
After 20 minutes of small group work, we'll ask one of your group to report briefly on the conclusions of your discussion and what led you to these conclusions.
Reports must be limited to a maximum of 2 minutes.
Case Study #1: For General Audiences: Peter
Your Accommodation Advisory Team has been asked to give direction to the manager in this scenario.
In the last two years there have been many changes in the work unit. The Directorate has been restructured and this has changed the job functions from pre-planned "in person" meetings and written communications with colleagues and clients to a reliance on telephone and verbal communications. There have been three managers in the last two years, the newest manager arriving four months ago and having a clear priority of productivity. Due to the rapid changes going on, the newest manager relies on quick staff meetings to discuss the immediate priorities and work assignments.
One of the employees, Peter, is very intelligent and creative and has been part of the unit for 10 years. Peter has a learning disability that causes him difficulty in processing what he hears. He cannot understand and remember lengthy or complex verbal instructions. Peter has never disclosed his disability or unique needs, fearing that he would be treated differently and may have fewer opportunities if the managers and co-workers knew. Instead, he has found ways of compensating for his disability, such as being very attentive to non-verbal signals and ensuring written follow-ups on all interactions. His performance has been good until just recently. Lately Peter is not completing his assignments, as if he does not understand what decisions were discussed and agreed upon and what his responsibilities are.
This has caused some problems. He has given out confusing and conflicting information to the clients, resulting in client calls to the manager and other employees for clarification. Peter isn't getting his projects done on time, and co-workers who are relying on Peter's work to be done before they can complete their own, are getting behind. As well, his productivity has gone down, causing the manager to ask other employees to help out on Peter's workload to keep up the unit productivity, even if it means overtime.
Peter's co-workers didn't seem to mind helping out for a while, but it has persisted for almost three months and a few are beginning to talk about unfair workloads and that "not everyone is pulling their weight". One employee even complained to the manager, and when nothing changed, he brought up the issue of workloads to their union rep.
Team instructions are on the previous page in your Manual.
Due to imminent retirements in the management level of your Department, the Director is planning for a large closed competition to identify suitable candidates for the management positions amongst current federal employees in your Region. She has asked your team to assist the Selection Committee by giving advice to ensure that all candidates who need accommodation for disabilities are accommodated throughout the process.
Optional (time permitting):
Manager's Handbook CHAPTER FIVE: EMPLOYMENT EQUITY; and the Personnel Psychology Centre (PPC) of the PSC "Guidelines for Assessing Persons with Disabilities," for details and additional ideas on the accommodation process http://www.psc-cfp.gc.ca/ppc/disability/chap_1_e.htm
Also see CHRC Publications, A Place For All - A Guide to Creating an Inclusive Workplace; and A Guide to Screening and Selection in Employment http://www.chrc-ccdp.ca/discrimination/place_for_all-en.asp
The Deputy Head is planning to upgrade the IT system in order to support modernization of government initiatives.
Your team has been assembled to ensure that all technology and services purchased by the organization are accessible to people with visual impairments, or can be made accessible through the use of some adaptive technology within reasonable expense.
For more information, see web sites for Assistive Devices Industry Office, Industry Canada http://www.at-links.gc.ca/as/ ;
Environment Canada Adaptive Computer Technology (ACT) Centre www.ec.gc.ca/act-tia/;
The Canadian Council on Rehabilitation and Work http://www.workink.com ; and The Job Accommodation Service 1-800-664-0925. Email: jasinfo@ccrw.org
You are an advisory team to your Director on Workplace Accommodation.
An employee in the Directorate, Deborah, has had a recent injury. This has resulted in a physical disability that now causes her to use a wheelchair for mobility. Her work requires frequent photocopying of documents, usually ranging between 3-25 pages.
The photocopier for the office is kept in a small room at the other end of the office from Deborah's desk. The room is not accessible to a wheelchair. It is frequently used by all employees.
How would you go about assessing the workplace environment in this situation?
What key questions do you need answers to?
Who would you involve, and when, and how?
What would determine if this accommodation is for Deborah alone or one that would be for the entire unit?
For more information, see web sites for Assistive Devices Industry Office, Industry Canada http://www.at-links.gc.ca/as/ ;
The Canadian Council on Rehabilitation and Work http://www.workink.com ; and
The Job Accommodation Service 1-800-664-0925. Email: jasinfo@ccrw.orgAlso see Adaptive Environments (USA) http://www.adaptenv.org/
In this section we will:
There are numerous publications, audio-visual products, agencies, tools, and web sites available on disabilities and accommodation issues. We will focus on:
The format is intended to provide people with quick, easy access to the specific concern or question for which they are looking for answers and ideas. Many of these have already been provided throughout the manual. This section will summarize the previously recommended resources and add a few more.
Some Key Resources
A. Policy On The Duty To Accommodate Persons With Disabilities In The Federal Public Service
B. Inclusive Work Environments: Accommodation In The Workplace and In Selection Processes
C. Barrier-Free Facilities, Equipment and Technology
D. Legal Developments
E. Disabilities And Disability Issues
Where do you start when you have an accommodation issue that you are not sure how to handle? Who do you first go to in your Department or Agency?
Policy: Enquiries
Enquiries should be directed to human resource or employment equity personnel in your department or agency. They may review questions of policy interpretation or clarification with the Employment Equity Division of the Treasury Board of Canada Secretariat or with the Public Service Commission.
Information may also be obtained from the Treasury Board Secretariat Employment Equity Division's Web site at the following address:
http://www.hrma-agrh.gc.ca/ee or from the PSC Web site at http://www.psc-cfp.gc.ca
Accommodation is everyone 's business. It is the law, it makes good business sense, and it is the respectful thing to do. Accommodation balances the diverse needs of all individuals, groups, organizations and businesses in our society. It is a means by which we demonstrate our commitment to an inclusive, non-discriminatory organization and society through tangible actions.
In order for the accommodation process to work effectively, persons needing accommodation, employers, union officials, experts and co-workers must dialogue and work together. While the accommodation process may involve challenges and costs, it helps to create an inclusive work environment and society that respects people, diversity and human rights.
Monitors may look for the following evidence, and other indicators, to show that the policy on "the duty to accommodate" is having the desired effect:
Policy: Monitoring
The Treasury Board Secretariat will assess and evaluate the effectiveness and implementation of this policy in accordance with the Policy on Active Monitoring.
The Public Service Commission will also monitor the application of this policy as part of its overall active monitoring of the federal Public Service staffing system.
Departments and agencies will provide early notice to the Treasury Board Secretariat and/or the Public Service Commission of significant issues arising from the implementation of this policy.
What is one thing you'll commit to doing, or not doing any more, to make your own workplace more accommodating?
Policy: References
Access to Information Act
Canada Labour Code, Part II
Canadian Charter of Rights and Freedoms
Canadian Human Rights Act
Employment Equity Act and Regulations
Financial Administration Act
Official Languages Act
Privacy Act
Public Service Employment Act and Regulations
Public Service Staff Relations Act
Communications Policy
Disability Insurance Plan for Public Service Employees
Personnel Psychology Centre Guidelines for Assessment of Persons with Disabilities
Policy on Alternate Formats
Policy on Language Training
Policy on the Disposal of Surplus Moveable Crown Assets
Policy on the Staffing of Bilingual Positions
Public Service Commission's Standards for Selection and Assessment
Public Service Management Insurance Plan (Long-Term Disability)
Real Property Accessibility Policy
