DISABILITY IN THE WORKPLACE - PowerPoint Presentation

Slide1

DISABILITY IN THE WORKPLACESlide2

Introduce the Human Rights Act and the role it plays in employment situations

Examine the relationship between disability and employment, from job hunt to leaving a job

Review employee and employer rights, responsibilities, and requirements

OBJECTIVESSlide3

Passed in 1966; amended many times since

“Protected Grounds” include:

Source: http://www.albertahumanrights.ab.ca/publications/bulletins_sheets_booklets/sheets/history_and_info/protected_areas_grounds.asp

HUMAN RIGHTS ACT OF ALBERTA

Race

Religious Beliefs

Colour

Gender

Physical Disability

Mental Disability*

Ancestry

Age

Place of Origin

Marital Status

Source of Income

Family Status

Sexual OrientationSlide4

Employers

cannot

publish an advertisement which:

Expresses a limitation or preference that demonstrates discrimination on protected grounds

R

equires applicants to provide information about protected grounds Employers can (and should) publish an advertisement which:Provides information that allows potential applicants

to consider their own suitability for a jobDetails key physical or mental requirementse.g., “Successful candidate will be required to lift loads of up to 5 kg.”e.g., “This job involves frequent exposure to high-stress situations.”

JOB POSTINGSSlide5

Employers

cannot

:

Ask questions which express a limitation or preference that demonstrates discrimination on protected groundsAsk applicants to give information about their mental or physical health, or request a general medical exam*

Employers

can: Require a job-related medical exam once an offer has been accepted In some cases, ask a question that might seem discriminatory if

it provides information the employer needs in order to decide if an applicant would be suitable for the business purposes of a job e.g., an employer seeking to hire a driver can ask questions about an applicant’s ability to see well enough to legally and safely drive

APPLICATIONS/INTERVIEWSSlide6

Employers

cannot:

Ask applicants with disabilities to complete tests that demonstrate ability to do the job, unless all applicants are required to complete these tests

Employers

can

: Make a decision to not hire someone on the basis of disability ONLY IF they can prove that disability notably increases the probability of health or safety hazards

HIRING CHOICESlide7

It is your choice to disclose or not to disclose to an employer

EXCEPT

when the disability may increase or cause a safety risk to yourself or others

Employers can’t accommodate disabilities they don’t know about

Disclosure can be done anytime: during the interview; after being offered the job; when in the job

https://alis.alberta.ca/ep/eps/tips/tips.html?EK=7371

TO DISCLOSE OR NOT TO DISCLOSE…Slide8

Duty to Accommodate:

“… an employer’s obligation to take appropriate steps to eliminate discrimination against potential employees. Discrimination may result from a rule, practice, or barrier that has a negative effect on a person with a need for accommodation based on grounds protected under the AHR Act. […] can begin when a job is first advertised and finish when the employee requiring accommodation leaves the job”

Types of accommodations:

Source: http://www.albertahumanrights.ab.ca/publications/bulletins_sheets_booklets/bulletins/duty_to_accommodate.asp

ACCOMMODATIONS AT WORK

Purchasing or modifying tools,

equipment,

or aids, as necessary

Altering aspects of the job,

such

as job duties

Offering rehabilitation programs

Transferring

employee

to different

job

Using

temporary employees

Making premises more accessible

Offering flexible work schedules

Allowing time off for recuperation

Hiring an assistant

Adjusting policiesSlide9

Practices or policies that would otherwise be discriminatory can be allowed

IF

related to a necessary requirement of the job

e.g., When hiring bus drivers, can exclude individuals with low vision or blindness

Once a standard or requirement has been shown to be discriminatory at first sight, “The

Meiorin Test” is used to determine if it is reasonable and justifiable (also known as a “bona fide occupational requirement”)If the required accommodation creates “undue hardship” for the employer, as defined by federal Human

Rights legislation

EXCEPTIONS TO ACCOMMODATIONSSlide10

The standard/practice is rationally connected to job performance

“What are the job’s objective requirements?”

“How does the standard relate?”

2. The standard/practice was adopted in good faith and with the honest belief it was/is necessary for the fulfillment of a legitimate purpose

“When and why was it introduced?”

“What considerations were made?”3. The standard/practice is necessary to accomplish the employer’s purpose

“Is it impossible to accommodate without undue hardship?”“Is there no less discriminatory way to accomplish the purpose?”

THE MEIORIN TEST REQUIRES THE EMPLOYER TO PROVE:Slide11

Employers can also refuse to accommodate if it would cause “intolerable financial costs or serious disruption to business”

e

.g., A small business with no elevator could consider it an undue hardship to install an elevator for an employee with a physical disability who, as part of their job, has to carry boxes upstairs

Employers are required to be creative in looking for other solutions

e

.g., In the above situation, the employer would have to look at options such as switching that task to another employee

UNDUE HARDSHIPSlide12

RIGHTS, RESPONSIBILITIES, AND ROLES IN ACCOMMODATION -- Disclosure

Employee

Employer

Ensure the

workplace is free from discrimination and harassment related to protected grounds

Ensure

accommodation is sought on protected grounds

Determine

if a request received is based on protected grounds

Inform the employer of the need for accommodation

Provide the employer information

(preferably in writing):

- The reason accommodation is needed

- Evidence and supporting documentation (medical information explaining functional limitations and needs)

- Suggestions of appropriate accommodations

- The expected duration of the need

Respect the privacy of the person requesting accommodation

Listen

to the needs and suggestions of the person seeking accommodation

Review information and documentation provided Slide13

RIGHTS, RESPONSIBILITIES, AND ROLES IN ACCOMMODATION- Employer Response

Employee

Employer

Allow reasonable time for

a response

Reply to the request within

a reasonable time periodListen to and consider the options provided.

Accept reasonable accommodation, even if not the preferred option

Be willing to take substantial and meaningful measures

to accommodate needs

Discuss options with the employee

If unsure a

proposed option is reasonable, consult with an expert (e.g., HR consultant, lawyer, union rep)

Consult with experts

to get more information and learn more

Be

flexible and creative in finding options for accommodation

Take reasonable steps to accommodate up to the point of undue hardship Slide14

RIGHTS, RESPONSIBILITIES, AND ROLES IN ACCOMMODATION -- Finalizing

Employee

Employer

If the employer is claiming undue hardship, request details of costs or other factors causing the hardship

If full accommodation would be undue hardship, suggest options that partially accommodate needs

Make a formal written agreement with

the employer about the accommodation

Make a formal written

agreement with the employee about the accommodation

Cooperate to make the accommodation work!

Follow up to ensure the accommodation meets

the needs of the employee

Advise

the employer about any changes, and provide related documentation

Review

and modify the agreement if circumstances or needs change

Be willing to review and modify the agreement if

circumstances or needs change or if it is no longer working

Tell the employer if accommodation

is no longer neededSlide15

Employee responsibility:

Report absences as early as possible

Provide documentation when required by a collective agreement

Employers

can

:Ask for medical information that confirms the employee is absent for medical reasons and provides an approximate return dateThis information must be treated as confidential and protected as such Employers

cannot:Request information that is NOT related to work and to the specific period of absenceRequire a diagnosis (except in very limited circumstances)Violate a collective agreement that is in place

MEDICAL LEAVE DOCUMENTATIONSlide16

Employers must follow Duty to Accommodate in regards to absences related to disabilities (permanent or temporary)

Find out necessary information

Work with employee to find solutions and accommodations

MEDICAL ABSENCE AS A REASON FOR DISCIPLINE OR TERMINATIONSlide17

Employers

cannot

:

Terminate an employee based on a protected ground without reasonable and justifiable reason

Employers

can:Terminate employment based on disability only when:There are reasonable and justifiable grounds based on a bona fide occupational requirement; and

Every reasonable attempt at accommodation has been made and further accommodation is not possible without undue hardship

TERMINATION / SEVERENCESlide18

Provides free, confidential information in regards to human rights (including if you believe you have been discriminated against)

www.albertahumanrights.ab.ca

Confidential

i

nquiry

line (can find online)780-427-7661TTY: 780-427-1597 (toll free 1-800-232-7215)Complaints to the commission must be made within one (1) year after the incident of discrimination

ALBERTA HUMAN RIGHTS COMMISSION