Peter Straszynski discusses AODA compliance for private sector
and not-for-profit employers as part of the Torkin Manes LegalPoint
All private and not-for-profit employers have to comply with the
"Employment Standard" under the Accessibility for
Ontarians with Disabilities Act ("AODA").
"Large" organizations (those with 50 or more employees)
have to comply by January 1, 2016, while "Small"
organizations have until January 1, 2017.
Here's what you need to do to comply:
When hiring, employers have to notify their employees, the
public and job applicants of the availability of accommodation for
disability. Where an applicant requests an accommodation, employers
must provide suitable accommodation. When making offers of
employment, employers have to notify successful applicants of their
policies for accommodation of employees with disabilities.
Employers have to inform employees of the policies available to
support employees with disabilities, including policies on the
provision of job accommodation, both when they begin their
employment and whenever there is a change to the policies.
Where requested by an employee with a disability, employers have
to provide or arrange for the provision of accessible formats and
communication supports for information needed to perform the
employee's job, as well as information that is generally
available to employees in the workplace.
Large employers are required to develop and have in place a
written process for the development of documented individual
accommodation plans for employees with disabilities, including a
significant list of prescribed mandatory elements of that
Return To Work
Large employers must also develop and have in place a return to
work process for employees who have been absent from work due to
disability and who require disability-related accommodations in
order to return. The return to work process has to be documented
and must outline the steps the employer will take to facilitate the
return to work of employees absent due to disability using
documented individual accommodation plans as part of the
Employers using "performance management" (activities
related to assessing and improving employee performance,
productivity and effectiveness, with the goal of facilitating
employee success) will be required to take into account the
accessibility needs of employees with disabilities.
Career Development And Advancement
Employers providing "career development and
advancement" (by providing additional responsibilities within
an employee's current job, or moving an employee from one job
to another that may be higher in pay, provide greater
responsibility or be at a higher level in the organization) must
take into account the accessibility needs of its employees as well
as any individual accommodation plan.
Employers using "redeployment" (the reassignment of
employees to other departments or jobs within the organization as
an alternative to layoff) must also take into account the
accessibility needs of its employees with disabilities as well as
individual accommodation plans.
As a Large employer you must have all of the these policies and
processes in place by January 1, 2016 in order to meet the
compliance deadline. Failure to comply can result in orders, fines
Whether you are a Large or Small private or not-for-profit
employer, if you need help getting ready, please call us.
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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