Accommodation Policy

Scope

Providing an equitable workplace that supports opportunities for accommodation
based on grounds protected by the Ontario Human Rights Code to the point of undue hardship
to the employer.

Applies to

All Andrew Fleck Children’s Services (AFCS) employees, students, volunteers and
prospective employees who may require accommodation based on the prohibited grounds
of discrimination in the Ontario Human Rights Code; Accessibility for Ontarians with
Disabilities Act, 2005, S.O. 2005, c.11, the O.Reg. 191/11: Integrated Accessibility Standards,
AFCS’s AODA policy and other applicable legislation.

Policy Statement

Andrew Fleck Children’s’ Services is committed to promoting an inclusive workplace where all
employees, and potential employees are treated with respect and dignity. The Canadian
Human Rights Act, and the Ontario Human Rights Code prohibit discrimination and
recognize that all persons are equal in dignity, rights and responsibilities regardless of race,
religious beliefs, colour, gender, physical disability, mental disability, age, ancestry, place of
origin, marital status, sex, sexual orientation, source of income or family status. Canadian
courts have emphasized that accommodation, to the point of undue employer hardship, is
an essential means of ensuring equal participation within the workforce.
AFCS will act in a manner consistent with its obligations under Ontario Human Rights Code,
R.S.O. 1990, c.H. 19, Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c.11,
the O.Reg. 191/11: Integrated Accessibility Standards, AFCS’s AODA policy and other
applicable legislation.
AFCS is committed to providing equal treatment with respect to employment without
discrimination and accommodating employees and potential employees in a manner which
respects their dignity, is equitable, and which enhances their ability to compete for jobs,
perform their work and fully participate in employment at AFCS.

Definitions

The duty to accommodate means that sometimes it is necessary to treat someone differently
in order to prevent discrimination. Employers have a duty to accommodate an employee’s
needs when they are based on any of the grounds listed in the Act. Because the needs of
each individual are different, accommodation requires an individualized approach.
Accommodation means taking steps to adjust rules, policies, practices, equipment, or
situations that may exclude individuals or groups protected under the Ontario Human
Rights code, from participating in all aspects of employment.
Undue Hardship occurs when accommodation adjustments to the workplace would be too
great a burden (financially, operationally or otherwise), or create undue risks to health or
safety.
Barrier anything that prevents a person from fully taking part in all aspects of society,
including physical, architectural, information or communications, attitudinal, economic and
technological barriers, as well as policies or practices.
Protected/Prohibited Grounds Protections in the Code, that every person has the right to
equal treatment on the basis of the following: race, ancestry, place of origin, colour, ethnic
origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression,
receipt of public assistance, sexual orientation, age, record of offences, marital status,
family status, or disability

Responsibilities and Expectations

Accommodation is a shared responsibility between employees, supervisors, team leaders
and Andrew Fleck Children’s Services, as the employer.


Employees and job applicants:

  • fostering an inclusive work environment by treating all colleagues and job applicants with respect and dignity
  • making their accommodation needs known. This does not require the disclosure of the specific cause of their needs but only the effects which create the need for accommodation
  • helping the employer identify potential accommodation options
  • providing documentation in support of their request for accommodation, including information about any restrictions or limitations
  • Accepting an offer of accommodation that meets their needs, even if it is not their preferred accommodation option

Team Leaders , Program Coordinators, Supervisors, and Directors:

  • fostering an inclusive work environment by treating all employees and job applicants with respect and dignity;
  • identifying and eliminating barriers that prevent people from accessing, or being included in, the workplace;
  • dealing with requests for accommodation in a timely, confidential and sensitive manner;
  • informing individuals requiring accommodation what information they need to provide to be accommodated;
  • generating accommodation options based on the information provided about the individual’s accommodation need(s)
  • involving individuals requiring accommodation in the search for accommodation;
  • initiating a discussion about accommodation when they are aware that an employee or job applicant may have a need for accommodation, but is unable, for any reason, to articulate that need.

Andrew Fleck Children’s Services employer responsibilities:

  • eliminating barriers that prevent people from accessing, or being included in the workplace;
  • minimizing the need for individual accommodation by regularly reviewing rules, policies, by-laws and practices to ensure that they are not discriminatory;
  • ensuring that all employees and job applicants are advised of their right to be accommodated;
  • dealing with requests for accommodation in a timely, confidential and sensitive manner;
  • providing individual accommodation to the point of undue hardship; and ensuring that the policy is effectively implemented.

Employees and Job applicants can expect:

  • to be treated with respect and dignity
  • to have their needs accommodated up to the point of undue hardship
  • to be provided with reasons if their accommodation request is denied

Accommodation request procedures

Job Applicants

  • Candidates participating in interviews with AFCS will be advised of the accommodation policy and asked if they require accommodation.
  • If the request is denied, reasons for the denial will be communicated

Employees

  • An employee may request accommodation by notifying their direct supervisor
  • The supervisor will document the request, including the employee’s name, position and date of the request, any details provided by the employee and any accommodation options suggested by the employer or employee; on the AFCS Medical or Non-Medical accommodation form.
  • The supervisor may request more supporting information regarding accommodation needs and restrictions or limitation
  • The supervisor will meet with HR and consider accommodation options including, but not limited to: workstation adjustments; reassignment of job tasks; changes to scheduling or hours of work; leaves of absence; and temporary or permanent reassignment.
  • HR will ensure that all accommodation options short of undue hardship have been considered prior to refusing accommodation. If a request for accommodation is denied, HR will clearly communicate the reasons why to the employee.
  • If the employee is not satisfied with the accommodation offered, or believes that their request was not handled in accordance with the policy, they may request a second opinion from the Executive Director.

Privacy and Confidentiality

All records associated with accommodation requests will be maintained in a secure

location, separate from employees’ personnel files and will only be shared with persons

who need the information.