Workshop on Duty to Accommodate Policy

Section 3: Responsibilities and Expectations

In this section we will:

• review the roles and responsibilities of the key people involved in the accommodation process;
• identify where some of the greatest challenges are in performing these roles in our current work environment;
• share strategies and best practices in overcoming these challenges.

I. Highlights of the policy

In the following three pages are the responsibilities listed in the policy for:

1. Selection and Assessment Accommodation:
   • Public Service Commission and
   • Candidates
2. Workplace Accommodation: 
   • Treasury Board Secretariat 
   • Deputy Heads and Delegates 
   • Employees Needing Accommodation 

   In addition to those identified in the policy, we also include:

   • Unions and Professional Associations
   • Co-workers

II. Exercise

This will be a discussion with the same group you worked with previously.

Focus question: "Given these responsibilities, what will help you and what might hinder you in implementing the accommodation process?"

Be ready to report on one very important "helper - one thing that will work for you;" and one "hinderer - one major challenge you might face".

Policy Requirements: Selection and Assessment - Responsibilities

The Public Service Commission and/or its delegates will:

• ensure that Standards for Selection and Assessment do not discriminate on any prohibited ground of discrimination, including disability, unless the requirement is a bona fide occupational requirement;
• ensure that all employment opportunities are advertised in an accessible format;
• ensure that assessment methods or tools used in the staffing process, including tests and interviews, accurately assess the qualifications required, do not constitute barriers and assess candidates fairly;
• ensure that the second language evaluations and language training programs do not contain barriers;
• inform all candidates of this policy and the procedure for obtaining accommodation during the staffing process;
• inform all candidates, in a timely fashion, of the type or nature of tests or other evaluation methods that will be used in the selection process to allow the candidates to make an informed request for appropriate accommodation;
• if necessary, consult appropriate health care professionals and others, with the candidate's consent, to determine the accommodation appropriate to that person;
•  respect candidates' right to privacy and confidentiality; and
• accommodate candidates with disabilities up to the point of undue hardship.

Candidates in a selection process must:

• inform the Public Service Commission or departmental staffing representative of any accommodation required in a timely fashion so that appropriate accommodation can be arranged and collaborate with departmental representatives in finding the most appropriate accommodation.

Workplace - Responsibilities

The Treasury Board Secretariat will:

• inform all departments of this policy;
• provide interpretation and guidance to departments with respect to the requirements of this policy; and
• undertake a comprehensive review of the provisions and operation of this policy within five years of its coming into effect.

Policy Requirements: Workplace - Responsibilities

Deputy heads are responsible for the implementation of this policy within their departments. They and their delegates must:

• create and maintain an inclusive, barrier-free work environment that is accessible;
• inform all employees of this policy and the procedure for obtaining accommodation;
• ensure that employment opportunities are advertised in an accessible format;
• ensure that all managers within a department abide by this policy;
• make available the resources necessary for implementing this policy;
• examine all systems to identify any barriers to employees with disabilities, and remove those barriers;
• when barriers cannot be removed, accommodate individual employees with disabilities up to the point of undue hardship;
• consult employees with disabilities, including employees with learning disabilities, with respect to:
  • any design, changes or upgrades to physical structures, new or existing systems or equipment so that the workplace is accessible to employees with disabilities; and
  • the planning and design of work-related events and conferences so that all events and opportunities are accessible to employees with disabilities;
  • provide training to employees with disabilities on the use of any new or upgraded equipment or systems;
  • ensure that employees with disabilities are provided with information in a timely fashion and a usable format;
  • after general barriers have been removed and general accommodation measures have been put in place, proceed with individual accommodation requests of persons with disabilities by:
  • consulting with the employee to identify the nature of the accommodation;
  • if necessary, consulting appropriate medical and rehabilitation advisors and others, with the employee's consent, to determine the accommodation appropriate to that person; and
  • accommodating the employee;
  • consult and collaborate with bargaining agents or other employee representatives where accommodation affects other employees or where the employee being accommodated requests that the bargaining agents or other employee representatives be consulted;
  • provide and pay for technical aids, equipment and services for employees with disabilities as well as repairs to such aids and equipment;
  • respect individuals' right to privacy and confidentiality; and
  • allow employees with disabilities to retain technical aids, equipment and support materials should they move to another position within the federal Public Service and accommodation is still required.

  Employees must:

  • inform their supervisors of their employment-related needs;
  • collaborate with the department or its representatives in finding the most appropriate means to accommodate their employment-related needs; and
  • notify the department when attendant or other services, technical aids or equipment are no longer needed, and return the equipment.

While the person seeking accommodation has a right to privacy, the employer or service provider has a right to, and a need for, information that can help determine appropriate accommodation measures.

The manager/human resource advisor is not entitled to confidential medical information. Employers may request information about:

•  the prognosis for recovery;
• the employee 's readiness to return to work;
• the employee 's ability to perform specific components of the pre-injury job;
• the likely duration of any physical or mental limitations following the employee's return to work.

Note: Medical information should only be provided to a person in the department who is authorized to retain confidential medical information. This information should not go on the person's file.

It is the employee 's responsibility to provide information that will help assess an accommodation request.

Responsibilities of other key people:

Not named in the policy, but important to the success of many accommodation measures are: unions and professional associations; and the co workers of the person needing accommodation.

Unions and professional associations

are expected to:

• support the employer to fulfill its proactive duty to design workplace requirements and standards so that, from the outset, they do not discriminate;
• represent the needs of the individual for accommodations, when requested by the employee;
• model a problem-solving approach to accommodation;
• follow-up after the accommodation is implemented to assess whether it is working and to help address any associated issues that may surface;
• ensure collective agreements do not, in themselves, create barriers to full participation and productivity.

Co-Workers

are expected to:

•  act towards other individuals professionally and respectfully;
•  be informed of the Treasury Board policy;
•  raise work performance issues, and give non-judgmental feedback about what they observe in the workplace and the impact of an accommodation on productivity and quality of service;
•  give ideas on, or participate in a problem resolution process to facilitate an accommodation when the accommodation may have a significant impact on their own work or work environment;
•  respect the dignity, privacy and confidentiality of the person needing accommodation. Co-workers have no right to know the details of another person's disability or why they need accommodation.