Information You Can Use

This section will provide regularly updated tools and tips that you can use as reference materials. Visit it often!

The Truth about Disabilities and Work Place Accommodation

By: Donna L. Herrington
Senior Planner/Owner of The Herrington Group Ltd.

Over the past 10 years, there has been a growing recognition in society that individuals with disabilities have a right to meaningful and real employment. However, there also seems to be a great deal of apprehension and reluctance on the part of employers to embrace workers with disabilities into their labour force. I believe this reluctance is based in part on a lack of understanding of the abilities and skills of people with disabilities and perhaps a lack of interaction between the employer and people with disabilities in general.

When most people think of "disabilities" or "accessibility" they think of wheelchairs, ramps and elevators. From an employer's point of view this may conjure visions of extensive renovations and purchasing high cost equipment. Adding to this pressure is the employer's "duty to accommodate" outlined by the Ontario Human Rights Code.

The reality of disability and work place accommodation is in truth, quite different. In many cases, accommodation should not produce "undue hardship". The following illustrates this point, and hopefully will address concerns and perceptions about hiring people with disabilities:

Myth: I haven't had to deal with workplace accommodation before, why should I now?

Reality: Every time you negotiate to hire a new employee you are negotiating work place accommodation. This is true in both unionized environments (as seen through a collective agreement) and in non-unionized environments. General work place accommodations may include such things as: hours of work, length and schedule of breaks and lunch breaks, reimbursable business expenses and vacation times and schedules. In creating a positive work environment for both the employer and employee, one must negotiate the terms of employment. This includes making reasonable accommodations for both sides. Both employers and employees continually accommodate each other.

Myth: Accommodation is just to expensive.

Reality: Again, this perception is based on the idea that all accommodation is physical in nature. There are many individuals who have invisible disabilities but who still need accommodation, but who may not have any specialized equipment. Also, the vast majority of disability accommodations cost less than $500. By law, an employer cannot circumvent this responsibility by simply claiming "undue hardship". In recent decisions (2000), the Supreme Court of Canada has clarified the parameters of "undue hardship" as follows:

• Accommodation measures must be taken unless it is impossible to do so without imposing undue hardship.
• The undue hardship threshold is high

Claims of undue hardship must be:

• Quantifiable
• Shown to be related to the accommodation
• So substantial that they would alter the essential nature of the enterprise, or so significant that they would substantially affect its viability

It is also important to remember that not all people who have a certain type of disability need the same accommodation.

Myth: My insurance rates will go up.

Reality: This perception is based on the idea that people with disabilities are sick and require constant medical attention. This stereotype is inaccurate and discriminatory. In fact, most people with disabilities are in excellent health and do not require any more medical treatment than their co-workers without disabilities. In general, employees with disabilities have lower absentee rates than workers without disabilities.

Further, if an employee does not qualify for a group insurance plan because of a disability the employer must compensate the employee an amount equal to the contribution that the employer would make on behalf of an employee who does not have a disability.2

Myth: Accommodating an employee means they can't do the job they are hired for.

Reality: In situations where the ability to accommodate is unclear it is important for the employer to determine whether the job duties can be modified to accommodate an employee with disabilities. Sometimes this can be achieved very easily by changing not the duty but how the duty is achieved (i.e. allowing an employee to work from home for part of the day, but still requiring duties to be completed while working at home).

• 1. Disability and the Duty to Accommodate in the Canadian Workplace, Michael Lynk
• 2. Ontario Human Rights Code

Another option is to "re-bundle" or "trade off" duties between job descriptions. For example, if the job requires lifting, and the employee cannot lift, can another duty such as processing requisitions be reasonably exchanged or substituted? Can the lifting be reasonably reassigned to another employee?

So how do I begin to accommodate?

Accommodation strategies begin and are successfully implemented through communication. An employer cannot ask "Do you have a disability"? The appropriate question is "What, if any, accommodations would you require to perform this job"? This is an important question for all potential or new employees. But, this is not a "guessing game". The employee with a disability has an obligation to inform their employer of their needs and provide all needed information to facilitate the accommodation. The employee must also participate in discussions about solutions and work with the employer to manage the accommodation process.

Through communication and good faith, work place accommodation can be a "win-win" situation. By creating universally accessible environments and practices, employers and employees with disabilities can work together to achieve mutual benefit.

For help with your diversity strategies, contact us.