Workshop on Duty to Accommodate Policy

Section 1: What Is "Accommodation"?

In this section we:

• Explore participant's awareness about "workplace accommodation";
• Define "accommodation," and other key terms in the "Policy";
• Discuss some of the different types of accommodation.

Exercise 1: What is "Accommodation?" 

What thoughts and feelings do you associate with the term "workplace accommodation?" 

In its broadest definition, "accommodate" means to "fit to, or adapt". Accommodation starts with designing work environments and procedures that include everyone. When this design is not enough to meet unique individual needs, additional accommodations may be needed. It is about what can be done to our work environment so that we can do our work more effectively. This policy addresses accommodation within the context of the unique needs of persons with disabilities.

Examples of types of accommodation:

• altering furniture and equipment;
• making changes to the facilities and physical work site;
• offering flexible work arrangements;
• providing alternate ways of communicating;
• altering aspects of our jobs;
• altering policies, procedures, or systems;
• providing recuperation and rehabilitation time;
• giving access to developmental positions and other more suitable jobs;
• providing temporary assistance from other employees.

Exercise 2:

Describe one way in which (a) you have received an "accommodation" for your unique work needs, and (b) an accommodation has been provided to a colleague of yours.

Describe one way in which you have provided an accommodation to an employee.

What is accommodation?

Accommodation means designing work environments that are barrier-free, so that everyone is given the opportunity to perform to their potential. When the designs are not enough and individuals need accommodation, it also means making adjustments or alternative arrangements, or changing a rule or a practice in order to remove discriminatory effects.

Treating people with unique needs, especially persons with disabilities, in exactly the same way as the general population often does not eliminate discrimination, and frequently adds barriers. Sometimes an accommodation is needed in order to be fair and equitable, both of these are fundamental Canadian values.

When accommodating a person with a disability, whether in the design or as an adaptation, three principles must be kept in mind:

1. Fairness: We must give every employee and candidate a reasonable opportunity to perform or demonstrate competencies. Merit can only be demonstrated after this first principle is met.
2. Quality: We do have to alter the nature or level of performance or qualification that is essential to the work.
3. Uniqueness: Needs are often unique situations different due to the circumstances and people involved. Accommodation therefore requires a case by case assessment. Avoid acting on assumptions.

The following pages highlight the parts of the "Policy" that elaborate on:

• examples of disabilities (see Annex A of the Policy);
• relevant definitions;
• types of accommodation in both the staffing process and the workplace;
• other matters to consider; and
• usual costs and expected benefits of accommodation.

Annex A Guideline: Examples of Disabilities

Determining what is a disability depends on the circumstances of each case. The following have been found to be disabilities:

• blindness or other severe visual impairment
• deafness or other severe hearing impairment
• mobility impairment
• chronic pain
• environmental sensitivities
• addictions
• learning disabilities
• speech impairment
• chronic conditions, such as diabetes
• psychiatric disabilities
• developmental disabilities
• other permanent or temporary conditions that cause pain or limit or restrict activities

For more information on specific disabilities, see internet web sites for - Canadian Health Network (CHN) www.nbeastersealmarchofdimes.ca/chn/Network_Contributors.htm

Policy Definitions

Accommodation is defined as the design and adaptation of the work environment to the needs of as many types of persons as possible and, according to the Supreme Court of Canada, refers to what is required in the circumstances of each case to avoid discrimination.

Persons with disabilities as defined by the Employment Equity Act, are persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment and who:

consider themselves disadvantaged in employment by reason of that impairment or believe that an employer or potential employer likely would consider them disadvantaged in employment by reason of that impairment.

These would include persons whose functional limitations owing to their impairment have been accommodated in their current job or workplace.

For the purpose of this policy, persons with disabilities do not have to fall strictly within this definition.

Annex A Guidelines: Examples - Types Of Accommodations:

During the selection process, a person's qualifications must be assessed after the person has been accommodated.

Types of accommodation during the selection process may include, but are not limited to:

• providing information about the position in multiple formats for candidates who are blind or visually impaired;
• ensuring that applicants who are deaf or hearing impaired can make inquiries via a TTY number or fax;
• allowing extra time, where appropriate, for tests or exams; and
• ensuring that the interview site is physically accessible.

Alternate formats can include:

• braille documents;
• large print documents;
• electronic versions of documents.

Policy Definitions

Barriers are physical barriers, as well as formal or informal policies and practices that restrict or exclude persons in the designated groups from employment opportunities in the federal Public Service.

Candidates includes applicants from outside the federal Public Service, as well as existing employees who are participating in a staffing process.

Facilities include premises and equipment.

Staffing and selection processes include open, closed or without competition staffing actions that result in a permanent or temporary appointment or deployment.

These processes encompass all related activities such as establishing qualifications, advertising, assessment, giving notice that an appointment or deployment has been made, recourse and disclosure, as well as any related communications with candidates.

Systems include information systems and employment systems (such as policies, practices, directives and guidelines).

Types of accommodation in the workplace may include, but are not limited to:

• attendant services;
• adaptive technology;
• changes to work sites;
• flexible work arrangements, including but not limited to telework, task modifications or other alternative work arrangements;
• converting printed matter to alternative media and reader services for employees who are blind;
• providing work space and furnishings appropriate to the nature of the disability;
• providing interpreters for deaf and hearing-impaired employees; and
• adapting training programs to the needs of employees with disabilities, including those with learning disabilities.

For more ideas and help, see:

- Treasury Board www.tbs-sct.gc.ca, or publiservice.tbs-sct.gc.ca click "Topics A Z," select "Accessibility"- EEPMP

- PSC www.psc-cfp.gc.ca/ee/eepmp_e.htm   

- Assistive Devices Industry Office of Industry Canada strategis.ic.gc.ca  

- Environment Canada Adaptive Computer Technology (ACT) Program www.ec.gc.ca/act-tia/

Policy Definitions

Adaptive technology consists of work-related devices or equipment that allow employees with disabilities to participate as fully as possible in the workplace and include items such as magnification software and hardware, voice recognition software and augmentative communication devices.

Attendant services refers to the provision of services to persons with disabilities who require assistance with the duties of their position, as well as assistance with activities of everyday living during the employees' hours of work.

Employees includes full-time, part-time, casual, seasonal, term and indeterminate employees.

Employment and employment -related opportunities includes appointments, promotions, deployments, secondments, assignments, training and career development opportunities.

Flexible work arrangements include but are not limited to tele-work and compressed work weeks.

Work-related events includes meetings, training programs, conferences, retreats, seminars, social events and information sessions, whether conducted inside or outside the workplace.

Annex A Guidelines: Other Matters

Attendant and other services: The contracting department should refer to the standard clauses established by Public Works and Government Services Canada for inclusion in contracts for attendant and other services.

Travel status: When employees with disabilities are on travel status and suitable attendant services cannot be provided, or the services of a travel companion are required, a separate contract may be necessary and the service shall be provided at the department's expense.

Parking requirements: Departments and agencies are responsible for setting parking rates for government-owned or leased parking lots. Departments should determine whether it is appropriate to charge parking fees to employees with a disability who are unable to use public transit, and, if so, what those fees should be.

Who Pays For The Accommodation?

Departments provide and pay for technical aids, equipment and services for employees with disabilities as well as repairs to such aids and equipment, (to the point of undue hardship.) Some departments have established a central pool of funds available to all managers to share the cost of accommodation. In other departments, managers are expected to pay for accommodation directly from their budgets. Each department can decide how it will approach this issue. As there are many ways of addressing the issue of funding, departments will deal with the issue in the way that works best for them in keeping with the intent and spirit of the policy.

Appendix A Guideline:
"Departments and agencies are expected to integrate into their budgets and financial planning exercises the resources necessary to accommodate their employees. When considering cost, it should be kept in mind that in many cases the cost will be amortized over the employee's entire career. Also, there are many payment options available, include leasing, for any necessary equipment."

Experience tells us that the cost of most accommodations is reasonable. See the following chart for an overview of the usual costs and benefits of accommodation.

What Does Accommodation Cost?

The Job Accommodation Network estimates that the costs of accommodation were as follows (1999):

• 20% of all accommodations are cost-free (although many accommodations are not in and of themselves costly, it is expected that there will be a departmental contribution in terms of the time allotted for the implementation of the policy)
• 51% of all accommodations cost less than $750.
• The average cost of all accommodations is $1850.

In their publication, "Barrier-Free Employers", the Canadian Human Rights Commission (CHRC) to says, "…employers can accommodate most adaptation needs for $500 or less. These costs are even more reasonable when you consider them amortized over the entire duration of the employee's stay in your organization."

See internet web site: www.chrc-ccdp.ca/discrimination/barrier_free-en.asp

What Benefits Come From Accommodation?

Accommodation supports an inclusive, barrier-free, and fair work environment. This has "bottom-line" consequences to operational costs:

• fewer sick days are used
• less time and money is spent on formal resolution processes (grievances, tribunals, etc.)
• an estimated 5 years is added to the working life of employee
• broader talent pool for recruits
• avoid the cost of replacement (estimated to be, on average, one year's salary for the position.)
• the workplace is more creative in its problem-solving and planning
• clients are more easily understood and better served.

How does your Department or agency handle the funding of accommodations for persons with disabilities?