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What is your legal obligation?
The Canadian Human Rights Act requires (as of June 30, 1998) employers to provide accommodation to a person with a disability, short of undue hardship. "Undue hardship" is judged based on factors of health, safety and cost (CHRA, s.15 (2)).
Most forms of accommodation are relatively inexpensive. When accommodating an employee with a disability, it's important not to think along traditional lines; accommodation is just one part of the continuum of meeting the range of needs of your staff.
Accommodations
As an employer, you may already make accommodations for your employees. Many businesses accommodate staff who have special needs, such as allowing an employee to leave early to pick up a child in day care.
How many times have you heard words just like this: You know that a company's most important assets are their employees. Attracting and retaining skilled and efficient employees is essential to maintaining high levels of productivity and remaining competitive in today's rapidly changing marketplace.
Attracting and retaining skilled employees is not just the function of the Human Resources Manager or Recruiter. As an employer or manager you are responsible for the
safety and well being of those you employ to work in your workplace. Sometimes, however, the workplace environment presents barriers to getting the job done effectively and efficiently. When that happens you need to find a way to break down the barriers so that your employee can continue to be productive. In breaking down the barriers you are in fact creating a job accommodation.
The above information on Accommodations is provided by Future Abilities and Creative Employment (F.A.C.E.)
Descriptions of Disabilities
Please note the information contained in this section is intended as a quick, general reference to certain types of disabilities, and should not be regarded as a comprehensive resource, nor depended upon as a legal definition. Because this information is neither exhaustive nor individualized, it is important that you speak with the individual; accommodation arrangements are dictated by the demands of the job, and the employee's abilities. Not all deaf people require sign language interpreters; not all blind people read Braille; and not all people with physical disabilities use a wheelchair. A team approach between you and the individual is the best approach you can take to the accommodation process; without proper communication, productive employment accommodation cannot be achieved.
Mobility Impairments
This category can generally be divided in two: those individuals who have sustained injuries or congenital irregularities, and those with progressive disorders. In virtually all cases, the person's intellectual abilities are unaffected. The needs of an employee with a mobility impairment may change over the course of his or her employment, so open communication and flexibility is essential.
Blind/Low Vision
Visual impairments can cover a wide spectrum, ranging from complete blindness to partial blindness. For some individuals, visual impairments are a natural part of aging. Open communication can avoid perpetuating common misconceptions associated with the legal definition of blindness.
Deaf/Hard of Hearing
While some individuals are completely deaf, others have decreased or obstructed hearing. Some hearing impairments are associated with aging. Again, it is important to make sure that you maintain clear communication and confirm that communication has been understood.
Speech Impairments
An individual with a speech impairment has no difficulty understanding spoken and/or written language. In some cases, the person may use other means of communication that are equally effective, such as writing or sign language.
Psychiatric Disabilities
Psychiatric disabilities have various manifestations and consequences, depending on their type and severity. Some are the result of trauma such as physical, sexual or emotional abuse. Still others are the result of chemical imbalances that affect an individual's emotions or perception of reality, but not his or her intellect.
Intellectual Disabilities
Individuals with intellectual disabilities can improve their self-reliance if adequate support is provided to help them to develop social and professional skills. Most individuals with intellectual disabilities adapt well to the workplace on a social and professional level. Some individuals have case workers that can be consulted with respect to his or her skills and the level of direction and supervision required.
Learning Disabilities
Learning disabilities are neurological in origin, and may affect an individual's capacity to receive, process and communicate information in traditional formats. An individual with a learning disability will have varying degrees of success performing reading, writing and mathematical tasks. Appropriate accommodation can ensure that a person's learning disability will not restrict or limit his or her productivity in the workplace.
Environmental Sensitivities
Individuals with environmental sensitivities react to some foods, chemicals and environmental agents, singly or in combination. Environmental sensitivities include asthma and allergies, as well as Building Related Illnesses and Sick Building Syndrome.
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