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Accommodating Queen's Employees  

 
 

What is accommodation?

Accommodation refers to the removal of potential barriers for access to employment. It consists of a series of steps taken to ensure that everyone is able to participate fully in employment and employment related activities. Accommodation means that the terms and employment conditions of the workplace may have to be modified. An accommodation is meant to address a person’s needs in ways that are respectful of the individual’s privacy and dignity; it is not a lowering of employment standards.

What is the duty to accommodate?

The right to be accommodated, and the corresponding duty of the employer and the union to respond quickly and appropriately to requests for accommodation, are now well established in statute and case law. The / Ontario Human Rights Code/ requires an effort short of undue hardship, to accommodate the needs of persons who are protected by the Code.

Who can ask to be accommodated?

Under the /Ontario Human Rights Code/, everyone has the right to request accommodation if he or she is being denied access to services or employment on any protected grounds listed in the Code, including: * Age * Ancestry, Citizenship, or Place of Origin * Religion or Creed * Disability * Family or Marital Status * Pregnancy * Race and Colour * Sex * Sexual Orientation

For whom do accommodation issues most frequently arise?  

  • Employees with disabilities
  • Employees with faith/cultural requirements
  • Pregnant women
  • Employees with family responsibilities
  • Employees undergoing sex reassignment
  • Employees returning to work after sick leave

What is undue hardship?

Accommodation can only be denied if an employer can provide quantifiable evidence that the required accommodation would pose significant and irreparable harm to the operation of the University. The considerations in determining undue hardship include: cost, outside sources of funding, if any and health and safety concerns, if any. Among the factors / excluded/ are business inconvenience, and employee morale.

What are the responsibilities of the Individual?

  • To communicate, through the appropriate channels, and at the earliest possible opportunity, the need for accommodation
  • To provide necessary and appropriate documentation as required
  • To co-operate and participate in finding and implementing a solution/plan
  • To identify and communicate any problems with the proposed accommodation
  • To perform the essential duties of the position within the parameters of the plan

What are the responsibilities of the Union ?

  • To educate its members about accommodation 
  • To encourage its members to identify and communicate their need for accommodation
  • To work with all parties to find and implement accommodations
  • To make a reasonable effort to be flexible when exceptions to the collective agreement will facilitate accommodations

What are the responsibilities of the Employer?

  • To take prompt action to meet the duty to accommodate
  • To communicate with the employee and initiate the accommodation planning process
  • To identify the essential and non-essential duties of the job
  • To consider the possibility of rebundling duties
  • To identify and communicate any problems with the accommodation
  • To be prepared to resolve any workplace resentment that might arise as a result of the accommodation

What are the responsibilities of Co-workers

  • To co-operate and participate, with an open mind, in the accommodation process

What are some examples of accommodation?

  • Change in break policies or time off for days of religious observance
  • Specialized computer equipment or software; designation of a scent/chemical free workspaces for persons with disabilities
  • Varying scheduled hours of work, job sharing, scheduling meetings around the demands of family
  • Identifying appropriate washroom facilities for transitioning employees

What is the process for accommodation?

Step 1: Employee notifies supervisor of the need for, and details of, the required accommodation. They work collaboratively to consider possible accommodations that would allow the employee to meet the job requirements.

Step 2. An accommodation plan is developed by the employee and employer. Discussions in developing the plan may also involve supervisors, union representatives, Human Resources, and other offices as appropriate.

Step 3: Accommodation is implemented.

Step 4: The situation is reviewed periodically to ensure that the accommodation continues to meet the needs of the employee.

Step 5: If it is not possible to accommodate an employee in their own job, efforts will be made to reorganize duties or find an available position within the department or elsewhere in the University /for which the employee is qualified.

 

 

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