Workshop on Duty to Accommodate Policy

Introduction

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:

• increase understanding of what accommodation means
• increase awareness about the " duty to accommodate " and what needs to be done
• elaborate on the Federal Public Service's legal obligation to accommodate
• outline some of the principal steps necessary to attain the goal of a representative Public Service that includes persons with disabilities.

Preamble To The Policy

The Treasury Board and the Public Service Commission are committed to developing an inclusive, barrier-free work environment in which:

• all persons have equal access to opportunities in the federal Public Service;
• appointments are based on merit; and
• all employees feel included and valued.

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:

1. within the workplace, to all departments and agencies and other portions of the Public Service listed in Part 1 of Schedule 1 of the Public Service Staff Relations Act for whom the Treasury Board is the employer and;
2. during staffing processes, to all departments and agencies and other portions of the Public Service for which the Public Service Commission has exclusive authority to appoint persons.

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? 

1. Bring the previous Policy into line with current jurisprudence and amendments to the Canadian Human Rights Act.
   
   Responding to the Human Rights Tribunal decision (1999) that the Federal Public Service did not accommodate an employee with a learning disability to the point of undue hardship.
   
   For more details, see internet web site for the Canadian Human Rights Tribunal www.chrt-tcdp.gc.ca click on "cases", then select "G" for Green.
   
2. To foster a culture of "inclusion by design" within the Federal Public Service by taking into account the needs of persons with disabilities at the outset when designing new programs, new procedures, technological applications or physical environments.
   
   Results of the 2002 Public Service Survey indicate that much work still needs to be done to achieve an inclusive climate. For example, 42% of respondents mostly disagreed with this statement, "My department or agency works hard to create a workplace that prevents harassment and discrimination."
   
3. To clarify responsibilities of the TBS, PSC, departments (including managers) and employees about the Duty to Accommodate.

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."

Objectives of this Information Session

This information session, manual, and additional support tools are for employees of the Federal Public Service who:

• Must accommodate (other employees and potential employees) in accordance with Canadian legislation and federal government policy;
• need accommodation themselves;
• are expected to interpret the policy and ensure its effective application.

The objectives of these sessions are to:

• help participants understand, interpret and implement the "Policy" effectively and consistently across Canada

Learning Outcomes

By the end of this session, participants will:

• Be able to describe what "workplace accommodation" is;
• Be familiar enough with the "Policy" to begin implementing workplace accommodation procedures and practices effectively;
• Know what the law says about "The Duty To Accommodate";
• Identify the roles of various persons in the accommodation process;
• Develop strategies for dealing with more significant challenges in discharging obligations at work;
• Learn one or more model for putting the policy into action;
• Find out where to go for support and assistance in addressing workplace accommodation issues.

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