"Accommodation Measures" are,
- any temporary or permanent measure(s) used to remove a barrier which prevents an otherwise qualified individual from performing or fulfilling the Bona Fide Occupational Requirements of a job as a result of a Disability, and
- based on individual circumstances and can arise during the recruitment, selection, training, promotion, performance appraisal, benefits provision and at any other point during employment when the need for accommodation is identified, and
- reasonable, meaning they do not require lowering performance standards or removing Bona Fide Occupational Requirements of an employee’s job, and which would not impose Undue Hardship on the University.
"Accommodation Program" is a procedural document developed to assist employees who are returning to Queen’s University from short term Disability or long term Disability and they are unable to return to their pre-Disability job.
"Bona Fide Occupational Requirements" mean the core functions of a job, having regard to productivity (both in terms of the amount of work product and the timeliness of the work product) and the importance of any function. They include both a subjective component, in that they were established honestly and in good faith, and an objective component, in that they are defined as reasonably necessary to assure the efficient and economical performance of the job without endangering the employee, fellow employee, and the general public.
"Disability" means,
- Any degree of physical Disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
- a condition of mental impairment or a developmental Disability,
- a learning Disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
- a mental disorder, or
- an injury or Disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.
"The Duty to Accommodate" refers to the University’s legal obligation to reasonably accommodate Disability to the point of undue hardship.
"Officers of the University" are persons with administrative and supervisory responsibilities, such as Department Chairs, Directors, Managers and Unit Supervisors who may be the first contact for employees requesting accommodation.
"Return to Work and Accommodation Plans" are formal documents designed to record and review the accommodations required, if any, to facilitate an employee’s return to productive employment in a timely and safe manner following a Disability. These documents require regular review and update.
"Substantiated Medical Documentation" means, medical documentation including:
- The nature of the medical condition that precludes the employee from performing one or more of the Bona Fide Occupational Requirements of their job;
- Confirmation as to whether the employee is currently receiving, and complying with, treatment;
- The expected duration of the employee’s absence, or next date of reassessment if duration is unknown;
- Any temporary accommodation that could safely return the employee to work in the near future; and/or
- Surgery date and expected recovery time, if applicable.
"Undue Hardship" means excessive cost or excessive disruption of or interference with the business or operations of the University. The Ontario Human Rights Code prescribes three considerations in assessing whether an accommodation could cause undue hardship: cost, outside sources of funding, and health and safety considerations.