It's that time of year again – time to consider
whether your organization is compliant with the next set of
requirements under Ontario's Accessibility for
Ontarians with Disabilities Act, 2005 (the
AODA). In addition to those AODA requirements under the
Customer Service and Integrated Accessibility Standards that are
already in place, effective January 1, 2016, a number of additional
requirements come into force. This post outlines those
requirements as they apply to private and not-for-profit
Information and Communications Requirements
Organizations must ensure that, upon request and in consultation
with the person making the request, publically available
information in respect of the organization's goods, services or
facilities is provided in an accessible format and at no greater
cost than that normally charged. The public must be notified
about the availability of accessible formats and communication
supports provided by the organization.
Employers are required to establish a number of internal
practices with respect to the recruitment, accommodation and
advancement of employees.
Provide external and internal notification of the accommodation
of persons with disabilities during the recruitment process and
subsequent employment, and consult with job applicants who request
accommodation to provide effective accommodation measures.
Inform employees of the organization's policies in support
of persons with disabilities.
Develop and implement a process for the creation of individual
accommodation plans and a documented return to work process
for employees that have been absent from work due to a
Ensure that the organization takes into account the
accessibility needs of employees with disabilities when
implementing performance management, career development,
advancement or redeployment processes.
Should your organization require assistance with achieving
compliance with the AODA, please reach out to a member of our
Employment and Labour Group.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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