Accommodating persons with disabilities ontario. Accommodating persons with disabilities (fact sheet).



Accommodating persons with disabilities ontario

Accommodating persons with disabilities ontario

The duty to accommodate recognizes that people have different needs and require different solutions to gain equal access to services, housing and employment.

To accommodate someone means to remove the barriers which prevent people from gaining access to jobs, housing, and the use of goods, services and facilities e. If you are a person who has Code-protected rights, this means that an employer, service provider or landlord has a positive duty to change the way they provide workspace, services, or housing e.

What needs can be accommodated? Most commonly, the duty to accommodate arises in the employment context where an employee suffers a disability such as an injury, illness or addiction that prevents him or her from continuing to do his job in the same manner as before. Even though the employee is no longer able to perform in the same way, the employer may not fire him or her without first providing reasonable opportunities for rehabilitation or alternative work.

Is accommodation the same for everyone? Accommodation will be different for each person, even if they have the same disability. For example, two employees might have Multiple Sclerosis MS.

What are some examples of the duty to accommodate? The kind of accommodation that is required will depend on the circumstances of the particular situation. Some examples of accommodation could include: Building a wheelchair access ramp Flexibility in work hours or break times Providing sign language interpreters for persons who are deaf so they can participate in meetings Job restructuring, retraining or assignment to an alternative position Allowing an employee to wear a hijab even though the employer wants all employees to wear the same corporate attire Allowing a pregnant employee to attend doctor appointments Allowing an employee to not work on certain holidays How do I get the accommodation I need?

There are a number of steps you should take in order to make sure that your need for accommodation is dealt with properly. Ask for the accommodation Explain why you need it try to do this in writing Provide information that is directly relevant to your needs, restrictions or limitations this can include medical information, but only the information that is directly related to your request for accommodation Participate in discussions about possible accommodation solutions Co-operate with any experts whose assistance is required Try different forms of accommodation even if it is not the perfect accommodation If you are an employee in a union, it would be a good idea to contact your union representative.

Your union will often have good advice about your employer's procedures for getting accommodation. What should the employer, landlord or service provider do after I make my request for accommodation? Once you make your request for accommodation, the employer, service provider or landlord should: The duty to accommodate is not unlimited. The limit to the duty to accommodate is called "undue hardship.

The duty to accommodate under the Code places an onus on the person responsible for accommodation, for example the employer, to find a way to accommodate the special needs of the affected employee. The employer must either: It implies that some amount of hardship is warranted in order to provide accommodation.

It is expected that accommodation may require some amount of financial hardship. To claim that an accommodation expense would impose undue hardship on a business, the business operator would have to prove that the cost was so extreme it would actually interfere with running the business. In addition, factors such as inconvenience, resentment or hostility from other co-workers, the operation of collective agreements or customer "preferences" cannot be considered in the accommodation process.

What factors will be considered if undue hardship is claimed?

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Disability Discrimination: Duty to Accommodate in Ontario



Accommodating persons with disabilities ontario

The duty to accommodate recognizes that people have different needs and require different solutions to gain equal access to services, housing and employment. To accommodate someone means to remove the barriers which prevent people from gaining access to jobs, housing, and the use of goods, services and facilities e.

If you are a person who has Code-protected rights, this means that an employer, service provider or landlord has a positive duty to change the way they provide workspace, services, or housing e.

What needs can be accommodated? Most commonly, the duty to accommodate arises in the employment context where an employee suffers a disability such as an injury, illness or addiction that prevents him or her from continuing to do his job in the same manner as before. Even though the employee is no longer able to perform in the same way, the employer may not fire him or her without first providing reasonable opportunities for rehabilitation or alternative work.

Is accommodation the same for everyone? Accommodation will be different for each person, even if they have the same disability. For example, two employees might have Multiple Sclerosis MS. What are some examples of the duty to accommodate?

The kind of accommodation that is required will depend on the circumstances of the particular situation. Some examples of accommodation could include: Building a wheelchair access ramp Flexibility in work hours or break times Providing sign language interpreters for persons who are deaf so they can participate in meetings Job restructuring, retraining or assignment to an alternative position Allowing an employee to wear a hijab even though the employer wants all employees to wear the same corporate attire Allowing a pregnant employee to attend doctor appointments Allowing an employee to not work on certain holidays How do I get the accommodation I need?

There are a number of steps you should take in order to make sure that your need for accommodation is dealt with properly. Ask for the accommodation Explain why you need it try to do this in writing Provide information that is directly relevant to your needs, restrictions or limitations this can include medical information, but only the information that is directly related to your request for accommodation Participate in discussions about possible accommodation solutions Co-operate with any experts whose assistance is required Try different forms of accommodation even if it is not the perfect accommodation If you are an employee in a union, it would be a good idea to contact your union representative.

Your union will often have good advice about your employer's procedures for getting accommodation. What should the employer, landlord or service provider do after I make my request for accommodation? Once you make your request for accommodation, the employer, service provider or landlord should: The duty to accommodate is not unlimited.

The limit to the duty to accommodate is called "undue hardship. The duty to accommodate under the Code places an onus on the person responsible for accommodation, for example the employer, to find a way to accommodate the special needs of the affected employee.

The employer must either: It implies that some amount of hardship is warranted in order to provide accommodation. It is expected that accommodation may require some amount of financial hardship. To claim that an accommodation expense would impose undue hardship on a business, the business operator would have to prove that the cost was so extreme it would actually interfere with running the business.

In addition, factors such as inconvenience, resentment or hostility from other co-workers, the operation of collective agreements or customer "preferences" cannot be considered in the accommodation process.

What factors will be considered if undue hardship is claimed?

Accommodating persons with disabilities ontario

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3 Comments

  1. What should the employer, landlord or service provider do after I make my request for accommodation? It is harmed when individuals are marginalized, stigmatized, ignored or devalued. What are the principles underlying the duty to accommodate?

  2. What a housing provider must show to prove undue hardship Three factors are considered in assessing whether an accommodation would result in undue hardship: For example, a person with HIV who requires some form of accommodation with respect to their housing or employment need not disclose that he or she has HIV.

  3. If barriers do exist, and removal is not possible, then accommodation should be provided short of undue hardship. Building a wheelchair access ramp Flexibility in work hours or break times Providing sign language interpreters for persons who are deaf so they can participate in meetings Job restructuring, retraining or assignment to an alternative position Allowing an employee to wear a hijab even though the employer wants all employees to wear the same corporate attire Allowing a pregnant employee to attend doctor appointments Allowing an employee to not work on certain holidays How do I get the accommodation I need? This does not necessarily require disclosure of the type of disability see What about confidentiality?

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