aoda - an overview of obligations for employers

Accessibility for Ontarians with Disabilities Act, 2005 (AODA)

An Overview of Obligations for Employers

Presented byStuart E. Rudner

For The Staff RoomJanuary 29, 2014

Toronto

What is the AODA?

• The AODA allows the government to develop & enforce specific standards of accessibility

• Purpose:– to move organizations in Ontario forward on

accessibility in finding, hiring and supporting employees with disabilities

– to ensure full workplace access for workers with disabilities

Why the AODA?

• Now: 1 in 7 people in Ontario are disabled

• 2016: 1 in 5 people will be disabled

• Next 20 years: aging population & people with disabilities will equal 40% of the total income in Ontario

Does this affect your organization?

• If your organization: – has at least 1 employee– Provides foods, services or facilities to the public

or to other organizations(basically every business to business or

business to consumer company)

Start Thinking about ADOA Compliance Now

• It will take time to implement many of the ADOA’s requirements properly and effectively:– Appropriate measures and policies must be

planned, drafted and implemented– employees must be trained accordingly– the entire organization must observe these

policies• Although compliance may be costly, proper planning

and a considered approach ill benefit both organizations and the public

When must Employers comply?

Government of 2013Ontario

Public sector 50 + employees 2014organizations 1 – 49 employees 2015

Private sector & 50 + employees 2016non-profit organizations 1 – 49 employees 2017

General Compliance Timelines for Large Organizations (50+ employees)

2012• Provide workplace emergency response information and plans to employees with disabilities.

2014• Develop, implement and maintain policies that govern how they will achieve accessibility

standards• Develop, implement and maintain accessibility plans that outline strategies for meeting

legislative requirements as well as removing existing barriers and preventing new ones• Consider accessibility for people with disabilities when designing, procuring or acquiring self-

service kiosks

2015• Provide training to employees, volunteers and contractors about the regulation as well as the

Ontario Human Rights Code as it relates to people with disabilities

2016 • Have HR policies and processes for:

– Accessible formats and communication supports– Recruitment, assessment and selection and informing employee of supports– Employees and accommodation– Employees returning to work

General Compliance Timelines for Small Organizations (1-49 employees)

2012 • Provide workplace emergency response information and plans to employees with disabilities.

2015 • Develop, implement and maintain policies that govern how they will achieve accessibility

standards (not required to be written).• Consider accessibility for people with disabilities when designing, procuring or acquiring self-

service kiosks.

2016• Provide training to employees, volunteers and contractors about the regulation as well as the

Ontario Human Rights Code as it relates to people with disabilities.

2017 • Have HR policies and processes for:

– Accessible formats and communication supports– Recruitment, assessment and selection and informing employee of supports– Employees and accommodation– Performance management, career development, and redeployment (if provided by the

organization)

OBLIGATIONS ON EMPLOYERSI. AODA Accessibility Requirements

1. Let job applicants know that recruitment and hiring processes will be modified to accommodate their disabilities, if requested

2. Build the accessibility needs of employees into their human resources practices

3. Create a written process for developing and documenting individual accommodation plans for employees with disabilities

(not applicable to small organizations)

4. Help employees stay safe in an emergency by providing them with individualized emergency response information when necessary

THE INTEGRATED ACCESSIBILITY STANDARDS REGULATION

II. AODA-Related accessibility requirements

ADOA Implementation, 2010 -

• The implementation began with the Consumer Service Standard

• Then the Accessibility Standard for Employment set standards in areas including information and communication, transportation, and employment

• For employers, this includes general requirements that organizations must follow including:– planning for accessibility – training staff to comply with the accessibility standards

• This applies to all paid employees (full- and part-time, seasonal, and paid apprenticeships)

Employer Requirements• Develop accessibility policies and a plan to outline how they

will comply with the regulation• Incorporate accessibility when they procure goods, services

and facilities• Incorporate accessibility features (public sector) or consider

accessibility (private sector) when designing or buying self-service kiosks

• Train staff and volunteers so that everyone who provides goods or services on their behalf understands the:– Integrated Accessibility Standards Regulation and its

requirements, and– Ontario Human Rights Code (as it relates to people with

disabilities)

(a) Make hiring accessible

• Include information about accommodations for applicants with disabilities in the job posting

• Call applicants directly or speak to them in person• Keep interview formats flexible so that applicants

of all abilities can participate• Include the company’s policy on accommodating

employees with disabilities in the offer letter to successful applicants so they know the organization’s policies

(b) Tell staff about policies for supporting employees with disabilities

• You need to let your staff know about your organization’s policies for supporting employees with disabilities. You have the flexibility to do this in a way that best suits your organization’s culture and business practices

• You need to tell your employees about these policies when:– this requirement comes into effect for your organization,

and– you hire new employees– You will also need to tell your employees when you change

the policies

(c) Make information accessible to employees

• When an employee with a disability asks for it, you must work with them to make workplace information accessible. This means providing the information in an accessible format or with communication supports suited to the individual needs of the employee

• Workplace information means:– information that employees need to perform their jobs, and– general information that is available to all employees at work.

• Talk to your employees with disabilities to learn what will help them access your information

• Once you understand your employees’ needs, you have the flexibility to decide how to make information accessible for your staff in a way that meets their needs

(d) Large Organizations must Update their websites

• New or refreshed websites of businesses with 50 or more employees meet WCAG 2.0 guidelines.

• A new website is defined as a website with a new domain name or a website undergoing a significant refresh (a change in more than 50% of the content, design or technology of the website).

• Any content posted on a website before 2012 does not have to be modified, but you should be able to make the content accessible to individuals in some way, upon request.

When does my business have to comply with the WCAG 2.0 requirement?

• Beginning January 1, 2014: if you are launching a new public website and web content or doing a significant site refresh, the site and its content must conform to WCAG 2.0 Level A.

• Beginning January 1, 2021: all public websites and web content must conform with WCAG 2.0 Level AA other than providing captions on live videos or audio descriptions for pre-recorded videos.

(e) Help employees with disabilities stay safe

• An individualized emergency response information is a plan to help an employee with a disability during an emergency, or emergency information that’s formatted so an employee with a disability can understand it

• As of January 1, 2012, if you know an employee with a disability might need help in an emergency:– Give them individualized emergency response information– Get their consent, then share this information with anyone

designated to help them in an emergency– Review the emergency response information when:– the employee changes work locations– you review the employee’s overall accommodation needs– you review your organization’s emergency response policies

(f) Develop accommodation plans for employees with disabilities

• You must develop individual accommodation plans for employees with disabilities in a clear and consistent way

• Accommodation plans are a formal way to record and review the things you need to do to accommodate an employee with a disability. They need regular reviews and updates

• To develop accommodation plans in a clear and consistent way, you may want to start by outlining what you will consider when you need to develop a plan

(f) Help employees with disabilities return to work

• Many organizations in the province are required to support employees who have been away from work because of a disability

• Outline the steps you will take to help your employees return to work when they:– have been absent because of a disability, and– need some form of disability-related accommodation to return

to work• When you outline the steps you will take to help your employees

return to work, consider employees who have temporary, recurring and permanent disabilities

• Determine whether your employees will need some form of employment-related accommodation to effectively return to work. If so, you also need to create an accommodation plan

(g) Make performance management, career development and job changes

accessible to employees• Career development can include:

– providing your employees with learning and development opportunities, and– giving your employees more responsibilities within their current positions

• You can make performance management accessible in many ways. For example, you can:– review your employees’ accommodation plans to understand their needs and

see whether you need to make adjustments to help them succeed– make performance management documents, such as performance plans,

available in accessible formats, such as large print, when asked, and– provide feedback and coach your employees in a way that is accessible to

them, such as using plain language for an employee who has a learning disability

• When you provide career development opportunities, consider what accommodations your employees with disabilities may need to:– learn new skills, or– take on more responsibilities in their current position

POTENTIAL IMPACT ON THE WORKPLACE

IV. Implementing the AODA

Your Hiring Process

• Employers will be required to provide candidate assessment materials in an accessible format

• Both the recruitment and onboarding processes must be accessible

How You Manage

• Employers will be required to develop a range of accessible, formal recruiting processes covering return-to-work programs

• Employers will need to consider accessibility when managing performance or re-locating staff resources

• Individualized workplace emergency plans may also be required for disabled employees

• Budgeting and implementing these programs ahead of the 2016 compliance deadline may be challenging – it is important to consider these changes now

How You Communicate

• All employment-related information will need to be made available in accessible formats

• Employers will be required to provide information concerning a disabled person’s performance of his or her job in accessible formats

• These requirements may complicate an organization’s communication processes

Your Organization’s Policies

• Employers will be required to develop a policy statement accessible to the entire organization

• Policies must be developed to support this statement

• Employees must be aware of these policies and receive training

• When drafting a statement and accompanying policies, it is important to ensure full compliance

Stuart E. Rudnersrudner@rudnermacdonald.com

647.255.3100www.rudnermacdonald.com

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