Tap Into EmployAbility Conference October 3, 2003 Mark H. Mason.

Tap Into EmployAbility Conference

October 3, 2003Mark H. Mason

Tap Into EmployAbility

Overview

• Legal Issues• Practical Issues


Human Rights Code

• Provides protection to enumerated groups of persons in employment to eliminate discrimination and harassment


Social Standards of the HRC

1. Service2. Employment

• all aspects including pre-employment

3. Protected Grounds• disability (handicap or perceived

handicap) is one of 14 grounds


Social Standards of the HRC

4. Exceptions:a) BFOR:

• impression is not enough• statistics and scientific evidence

b) Accommodation: • you must try and try again!

c) Undue Hardship:• high standard


Duty to Accommodate – s. 17(2)• “… shall not find a person incapable

unless it is satisfied that the needs of the person cannot be accommodated without undue hardship … considering the cost, outside sources of funding, if any, and health and safety requirements, if any.”


Accommodation Principles

• Process of assessing accommodation is important

• Possibilities may include:• Own job with modification• Other available job


Some Limits on the Duty to Accommodate

• Accommodate the handicap, not the inability

• No obligation to create an unproductive job

• Displacement of other employees


Common Fears

• High cost of accommodation• Lack of employee productivity• Rising Insurance Rates• Increased risk of accidents


Barriers to Employment

a) Physical barriers: • building structure • communications

b) Attitudinal barriers: • beliefs and assumptions

c) Systemic barriers: • hard to identify


Hiring Considerations

• Swim in the deep end of the pool as well

• Give all applicants an equal opportunity to apply

• Re-think your regular recruiting activities

• Encourage applications


Selection of Candidates

• Ability to perform the essential duties of the job

• Ask each candidate the same questions

• Ensure testing measures the skills and abilities needed in the workplace


Selection of Candidates

• Accommodation during the application process:a) application form

b) format of testing materials


Once a Candidate is Selected• Employers right to expect

essential duties of the job to be performed

• Accommodation starts with the employee


Request for Accommodation

• Relax and breath!• Treat the matter seriously• Assess the employee’s needs and

try to accommodate those needs• Individualized process• Undue hardship


Undue Hardship

• Costs – must be quantifiable• Health and safety requirements• Is the standard now

“impossibility”?• Unacceptable undue hardship

arguments


Performance Management

• What is the standard of performance which may be expected?



• Entitled to hold all workers to the same standard of performance

• Entitled to evaluate all employees using the same performance criteria

• Qualifier – subject only to required accommodations



• What can you discipline and/or terminate an employee for if that person has a disability?

• Anything for which you would otherwise discipline and/or terminate an employee who does not have a disability subject to accommodation



• Ensure the following:a) The decision is not based on the disabilityb) Discipline/termination is applied consistentlyc) Discipline/termination is in accordance with policies

Tap Into EmployAbility Conference

October 3, 2003Mark H. Mason

Tap Into EmployAbility Conference October 3, 2003 Mark H. Mason.

Documents

Transcript of Tap Into EmployAbility Conference October 3, 2003 Mark H. Mason.