THE CORPORATION OF THE NATION MUNICIPALITY
STATEMENT OF POLICY AND PROCEDURE ACCOMMODATION ON THE BASIS OF DISABILITY AND ACCESSIBLE EMPLOYMENT
#HR-01-2019
Effective date: December 2, 2019
Revised: January 30, 2023
Resolution: 722-2019
ACCOMMODATION ON THE BASIS OF DISABILITY
1. Policy
1.01 Where an employee requests an accommodation for needs related to a disability, The Nation Municipality will accommodate the employee to the point of undue hardship. Where an accommodation would cause undue hardship, The Nation Municipality will implement the next best accommodation short of undue hardship.
1.02 The Nation Municipality is required to and will comply with certain provisions contained in the Accessibility for Ontarians with Disabilities Act, 2005 ("AODA") and Part III - Employment Standards of the Integrated Accessibility Standards Regulation made under the AODA.
1.03 All accommodation requests will be taken seriously. No person will be penalized for making an accommodation request.
2. Purpose
2.01 The purpose of this Statement of Policy and Procedure is to state The Nation Municipality's commitment to the prevention and removal of barriers to people with disabilities, to the accommodation of persons with disabilities and to the establishment of processes by which persons with disabilities may request accommodation.
3. Responsibility
3.01 Each supervisor is responsible for ensuring the principles outlined in this Statement of Policy and Procedure are adhered to throughout all business activities.
3.02 The employee requesting an accommodation and their immediate supervisor are responsible for working together cooperatively with the goal of finding a reasonable accommodation and developing an accommodation plan.
4. Definitions
5.01 "Disability" means,
(a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
(b) a condition of mental retardation impairment or a developmental disability;
(c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
(d) a mental disorder; or
(e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.
5. References and Related Statements of Policy and Procedure
Accessibility for Ontarians with Disabilities Act, 2005 (Ontario) and Regulations Human Rights Code (Ontario)
HR-02-2019 - Return to Work Program
6. Procedure
7.01
(a) During the recruitment process, The Nation Municipality shall notify job applicants and the public via its job postings about its commitment to accommodate those with disabilities, and shall advise those selected for an interview that accommodation is available upon request. If a selected applicant requests an accommodation, The Nation Municipality shall consult with the applicant and provide or arrange for the provision of a suitable accommodation in a manner that takes into account the applicant's accessibility needs due to disability.
(b) Successful applicants and employees shall be notified of The Nation Municipality's policies regarding accommodating employees with disabilities as soon as practicable after their employment begins and whenever a change in policy takes place.
7.02 Request for Individual Accommodation Plan:
(a) Employees who wish or need to raise a potential accommodation issue shall do so by submitting a request for accommodation, preferably in writing, to their immediate supervisor. The request should:
- describe the limitations on the employee's ability to perform the duties of their position caused by the disability;
- describe any accommodation(s) sought;
- provide sufficient information, including medical information, to confirm the existence of a need for accommodation.
(b) If an employee is under a program of medical treatment which requires the consumption of prescription drugs, including medical marijuana, or over-the-counter drugs, which are labelled or known to cause impairment, the employee is required to inform their supervisor that they are engaged in a medical treatment program that may cause impairment so that the risk of impairment relative to the employee's safe job performance can be considered.
7.03 Each accommodation request will be considered on an individual basis. When necessary to facilitate the assessment and determination of a reasonable accommodation, the employee may be required to participate in the development of an accommodation plan and to provide relevant medical information to The Nation Municipality. Employees seeking accommodation on the basis of disability are expected to provide their fullest cooperation in
providing any information or medical assessments and participating in assessments relevant to determination of the accommodation request. The employee may request the participation of an employee representative in the development of the accommodation plan by asking the individual of their choice directly.
7.04 The supervisor and the Human Resources Director will jointly assess the accommodation issue in light of the information provided and the individual needs of the employee. During the assessment phase, The Nation Municipality reserves the right to require further information, including relevant medical information or opinions that will assist The Nation Municipality to determine if a reasonable accommodation can be achieved and how it can be achieved. The Nation Municipality further reserves the right to require the employee to participate in a needs assessment by a qualified medical practitioner or other trained professional, at the municipality's expense, in order to assist in determining what accommodation is needed, how much it will cost, and how it can be provided.
7.05 The supervisor and Human Resources Director will jointly finalize a decision regarding the accommodation issue. The supervisor shall notify the employee, in writing or other format as required by the employee's disability, of the decision and the reason(s) for the decision.
7.06 If the employee is not satisfied with the written decision regarding the request for accommodation, the employee may appeal the decision to the Chief Administrative Officer for further review. The decision of the Chief Administrative Officer shall be final and binding upon the parties.
7.07 Should the employee's need for individual accommodation be verified by the municipality, Human Resources and the employee will work together to complete the attached Appendix
"A": Individual Accommodation Plan.
7.07 The Nation Municipality shall ensure that the employee's personal medical information shall be kept confidential and will only be disclosed to those necessary in the assessment and development of the accommodation in accordance with our Privacy Policy (Resolution 538-2013).
7.08 The Nation Municipality shall provide individualized workplace emergency response information to disabled employees who require it, and to any person designated to assist the disabled employee, with the consent of the disabled employee, as soon as practicable after the municipality becomes aware of the employee's need for accommodation due to disability. The municipality shall review the individualized workplace response information upon the following events:
(a) when the employee moves to a new location in the workplace;
(b) when the employee's overall accommodation needs are reviewed; and
(c) upon review of The Nation Municipality's general emergency response policies.
7.09 Upon request, the Nation Municipality will provide accessible formats and communication supports for information necessary for employees with disabilities to do their job and for information that is generally available to all employees. We will consult with employees with disabilities when we are requested to provide accessible formats and communication supports in order to determine the suitability of same.
7.10 Employees who are absent from work due to their disabilities shall participate in the development of a return to work process which includes the development of an individual accommodation plan. Employees who require an accommodation in order to return to work shall submit a request for accommodation in accordance with paragraph 7.02 above.
7.11 Accessibility needs of employees and individual accommodation plans will be taken into account when managing an employee's performance, career advancement or opportunities for redeployment.
7.12 All employees and volunteers will be provided with adequate training with respect to the Human Rights Code (Ontario), the Accessibility for Ontarians with Disabilities Act, 2005 and the accessibility standards required thereunder.