[Everyone's Workplace Inc.] recognizes the diversity of its workforce and is committed to ensuring that all employees are able to effectively and efficiently use their skills and experience to contribute to the organization's performance, production and service delivery. This includes the opportunity to participate, without discrimination, in both work-related and other activities conducted within a work context.

The 1999 Supreme Court decision in the Meiorin and Grismer cases clarified the need for employers and service providers to do all they can, up to the point of undue hardship, to ensure that all their corporate activities take into account the needs of their workforce.

This means that employers should no longer simply rely on an accommodation policy to respond to requests from individual employees who may be experiencing discrimination in the workplace. It means that employers should look closely at all their corporate programs and activities, including policies, practices, rules, standards, procurements and decisions relating to real property, and do all they can to eliminate potential discriminatory barriers within them.

For example, a general rule that all employees must be willing to travel overnight might discriminate against people on the grounds of family status because it will tend to preclude people with family responsibilities. Such a rule should be closely examined to ensure it is only applied to positions where overnight travel is an essential part of the job.

Similarly, procurement decisions for new communications technology should ensure the technology is fully accessible for people with a range of disabilities, or has compatible interfaces to allow for access.

Taking this action will reduce the need for individual accommodation. It should be remembered, however, that a specific employee may still require a particular accommodation in accordance with an individual accommodation policy.

For example, an employee's religious beliefs may require him or her to be absent from work on days of religious observance, to have prayer breaks during working hours, to observe a certain dress code, or to follow a dietary plan. An organization may have a policy allowing for flexible working hours, which aims to avoid discrimination on the basis of religious belief. However, a particular individual may have very specific religious commitments at a certain time of year that do not fit within the general policy. That individual's needs should be accommodated unless doing so would result in undue hardship. Managers should consider a number of flexible working arrangements.

Similarly, a washroom fit-out in the staff area may meet the design specifications required to provide access, as far as possible, to employees with mobility impairments, or those who use wheelchairs. General design specifications, found in building regulations, can never meet every individual's needs, but it is reasonable for employers to use them when completing a fit-out.

A particular employee may, however, require individual accommodation in the form of an additional support bar, carefully located, in order to gain access. The fact that the employer did all it could in the basic fit-out to build accommodation into the design does not mean that further individualized accommodation should not be provided short of undue hardship.

[Everyone's Workplace Inc.] will establish and maintain an effective system to ensure an inclusive workplace and provide workplace accommodation.

[Everyone's Workplace Inc.] will ensure that its corporate activities, including all policies, practices, procedures, procurements, and the construction or renovation of facilities will not result in discrimination.

[Everyone's Workplace Inc.] will respond in a timely, confidential and sensitive manner to requests for individual workplace accommodation.

This policy addresses our responsibilities under the Canadian Human Rights Act (CHRA) and the Employment Equity Act (EEA). The CHRA states that it is unlawful to discriminate on the grounds of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for which a pardon has been granted. The EEA’s purpose is:

"to achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability and ... to correct the conditions of disadvantage in employment experienced by women, aboriginal people, persons with disabilities and members of visible minorities by giving effect to the principle that employment equity means more than treating people the same way but also requires special measures and the accommodation of differences."

Federal government bodies also have a responsibility to not discriminate against anyone protected under section 15 of the Canadian Charter of Rights and Freedoms. (The Charter concerns the relations between the government and the public and does not generally apply to the private actions of individuals or corporations.)

This policy acknowledges our duty as an employer to provide individual accommodation up to the point of undue hardship and the responsibility to minimize the need for individual accommodation by ensuring that any rules, policies, standards or practices are not discriminatory.

This policy applies to all employees of [Everyone's Workplace Inc.] and applicants for positions with [Everyone's Workplace Inc.], at all sites where work is undertaken for [Everyone's Workplace Inc.]. It applies to employees in, and applicants for, part-time, limited term and indeterminate positions.

This policy is of particular relevance to those employees and applicants who are members of one or more of the groups against whom discrimination is prohibited under section 3 of the Canadian Human Rights Act and section 15 of the Charter.

A clear recognition of the range of programs and activities that might result in discriminatory barriers will assist decision makers in the organization in identifying areas of liability and clarify the organization's commitment under this policy. An employer will have to exercise some discretion over what corporate activities will be subject to analysis.

As previously noted, there is a great deal of overlap between what may be required as part of a workplace accommodation policy and the demands of the Employment Equity Act. The Employment Equity Act asks employers to perform employment systems reviews which include identification of barriers, removal strategies and preparation of the required accommodation policies. Employers that are subject to the Employment Equity Act can use the results of an employment systems review to satisfy some of the requirements of a workplace accommodation policy and vice versa.

[Everyone's Workplace Inc.] recognizes that many of its programs and activities have consequences for employees and have the potential to create or maintain discriminatory barriers. [Everyone's Workplace Inc.] is committed to ensuring that the following activities are reviewed to remove any discriminatory effect (Note: add to or remove from the list as appropriate):

• establishment of new operational areas or positions and renewal activities;

• all employment-related policies including recruitment, selection, training, promotion, retention and alternative work arrangements such as telework and flexible hours;

• purchase and management of information technology systems;

• purchase and management of communications systems;

• development and management of information services;

• decisions relating to real property;

• purchase of internal fittings (chairs, desks, lights, carpets, etc.);

• decisions relating to conferences, seminars and training.

By identifying the range of issues that can be addressed under the policy, the employer is demonstrating its commitment to dealing with discrimination that may result from the current rules, policies, standards or practices of the organization. Further, the more comprehensive the coverage, the more inclusive the environment and the less likely it is that there will be a need for individual accommodation.

The employer is also assisting managers, supervisors and employees to understand their responsibilities and rights in relation to the range of issues that may need to be considered when dealing with a request for accommodation.

Federal government departments and agencies should note that the Public Service Employment Regulations have been amended specifying that an employee's probationary period can only commence after an employee has been accommodated.

[Everyone's Workplace Inc.] will ensure that, before deciding on or engaging in corporate actions, it will analyse these actions so as to identify and resolve potential barriers. Further, it will review all existing policies and procedures to identify and remove discriminatory elements. This may well involve permanent or ongoing changes to facilities, practices, policies and procedures.

[Everyone's Workplace Inc.] will ensure that it provides, in a timely and effective way, accommodation specific to an individual's needs.

(See PART 4: Individual Accommodation Procedures Guide.)

This could include, but is not limited to:

• work station access and adjustments: changes to work area design and means of access to the workplace and all facilities, modifications to technology and equipment;

• hiring practices: changes to the procedures used for testing, selection, training, promotion and termination;

• work procedure adjustments: changes to the specific requirements of a particular job, restructuring of duties, modifications to working hours, adoption of flexible work practices, relocation, flexible hours and leave options, and modification of particular policies;

• provision of specific services, facilities, aids or equipment: including the provision of interpreters, particular equipment, attendant services, a quiet place for prayer or assistance with particular aspects of a job;

• reassignment of an individual employee: a change of position or the reassignment of specific tasks to another position.

[Everyone's Workplace Inc.] recognizes that the need for accommodation may arise during the employment selection process, at the commencement of employment or at some time after employment has commenced. An employee's probationary period can only commence after an employee has been appropriately accommodated.

Clarifying responsibilities is vital for the effective implementation of the policy. The policy should cover issues such as who has ultimate responsibility for implementation, as well as the responsibilities of the employer and employee for identifying individual accommodation needs and options. Unions share with employers a duty to accommodate and should be included in any discussions considering options for accommodation.

While it is reasonable for the employer to request reports and medical information from the employee, the information sought should be limited to that necessary to assist in the identification of the most effective accommodation. It is vital that the privacy rights of the individual be protected.

The policy should also recognize that in some circumstances requests for accommodation may be made by third parties, including family members, work colleagues, advocates and unions, and that the employer may have a responsibility to initiate discussion on possible accommodation where an employee is unable for any reason to state that need. This possibility is most likely to arise where the employee is unable, because of a particular characteristic, such as disability, to identify the need for accommodation, or to make the request. The employer must be sensitive to the potential of such situations occurring and act accordingly.

Again, it is vital that the employer protect the privacy rights of the employee. This means that the employer must not disclose any information about the employee to the third party making the request unless the employee has specifically provided her or his written consent to the employer.

Overall responsibility for implementing this policy and procedure rests with the [Head of Organization].

The [Director of Corporate Services] is responsible for ensuring that all existing policies, rules, practices and procedures are reviewed to identify and eliminate discriminatory elements.

The person responsible for developing any proposal which results in a corporate activity or a new corporate program is also responsible for ensuring that the resulting program or activity is nondiscriminatory.

All staff members are encouraged to notify the [Director of Corporate Services] of any barriers they believe prevent access or inclusion. The [Director of Corporate Services] is responsible for ensuring action is taken on such notifications.

[Everyone’s Workplace Inc.] recognizes a shared responsibility for ensuring that an individual accommodation is identified.

[Everyone’s Workplace Inc.] is responsible for advising employees and applicants about their right to accommodation and assisting the employee or applicant, with the help of their union or an employee representative, to identify the most suitable accommodation.

The employee or applicant is responsible for requesting accommodation including identifying, where possible, the types of accommodation she or he considers appropriate.

[Everyone’s Workplace Inc.] will accept and act on a request for accommodation made by a third party (family member, caregiver, trade union or bargaining agent, advocate or other representative). The procedure, in this event, will only continue with the consent of the employee or applicant.

[Everyone’s Workplace Inc.] recognizes that supervisors and managers also have a responsibility to initiate the procedure where she or he is aware that an employee or applicant has a need for accommodation, but is unable for any reason to state that need. The procedure, in this event, will only continue with the consent of the employee or applicant.

The employee has a responsibility to provide reports or medical information specifically relevant to the process of identifying appropriate accommodation.

Supervisors and managers are responsible for following the correct procedure when an employee or applicant identifies the need for accommodation.

Human rights legislation and case law have established the responsibility of employers to make changes to workplace policies, rules, practices and operations that result in discrimination and provide individual accommodation unless doing so would involve undue hardship. While the question of what constitutes undue hardship varies with the circumstances of employers, the courts have made it clear that employers must expect to experience some hardship in eliminating barriers and providing accommodation. The question tribunals and courts address is whether or not the hardship is undue.

The Canadian Human Rights Act provides that undue hardship must be assessed considering "health, safety and cost". The mere fact that some cost, financial or otherwise, will be incurred is insufficient to establish undue hardship.

Some of the factors that the courts have considered relevant to an appraisal of what constitutes undue hardship include: disruption of the collective agreement, impact on other employees, interchangeability of work force and facilities, size and financial resources of employer, availability of other positions and external financing, and details of any additional risks or detriments. These considerations should be applied with common sense and flexibility in the context of the factual situation presented in each case. Keep in mind that there is a heavy onus upon employers and service providers to satisfy the courts that they will in fact suffer undue hardship if they are obliged to provide the accommodation requested. The Procedures Guide offers some guidance on how an employer might go about making decisions on this matter.

Where an employer concludes that a particular means of providing accommodation will result in undue hardship, it can choose to refuse to implement that particular means. However, the responsibility to provide accommodation still exists. For example, extensive changes to a work schedule to accommodate someone with a medical condition may be considered by the employer to constitute undue hardship, because of the effect the changes would have on the whole operation. Refusing that specific request does not mean that the employer should not attempt to find alternative ways of responding to the request. It is important to note, however, that only alternatives that are going to achieve non-discriminatory access or participation (without imposing undue hardship) are relevant.

[Everyone's Workplace Inc.] is not required to make changes to workplace policies, rules, practices and operations or provide accommodation that will result in undue hardship.

Before refusing to provide accommodation, [Everyone's Workplace Inc.] will ensure that all effective options to accommodate, short of undue hardship, are considered.

Where a particular means of accommodation is requested and it has been found that it cannot be met without incurring undue hardship, every effort will be made to provide alternative accommodation up to the point of undue hardship.

The accompanying procedure document provides guidance on the issues that may be considered in relation to whether or not the provision of a particular accommodation will result in undue hardship. It also sets out the authority delegated to different management levels to approve specific financial or other allocations for accommodation.

If there exists formal or informal avenues of appeal within the workplace, these should be identified and utilized by employees, where appropriate. For example, the grievance process might be utilized in a unionized workplace, but only if accommodation is covered in the collective agreement and the time frames for resolving a grievance are compatible with responding to a request for accommodation. However, where no appeal mechanisms exist, or the appeal mechanisms that do exist are unsuitable, establishing an appeal process as a component of the policy and procedure may assist in avoiding formal complaints under human rights law.

Employers may decide to establish an appeal mechanism for employees on any aspect of the policy and procedure, including when a request for accommodation is refused on the grounds of undue hardship.

Where an employee or applicant believes that his or her request for accommodation has not been handled in accordance with this policy or the accompanying procedure, or is not satisfied with the type of accommodation offered, that employee or applicant has a right of appeal. The appeal process is set out in the accompanying procedure document.

In the event that a request for accommodation is denied on the grounds of undue hardship or any other ground, [Everyone's Workplace Inc.] recognizes the continuing right of employees or applicants to make a complaint under the Canadian Human Rights Act, the Public Service Employment Act, the Public Service Staff Relations Act, the Canada Labour Code or other complaint or grievance mechanisms.

[Everyone's Workplace Inc.] will ensure that all employees are provided with a copy of the policy and procedure. In addition, all applicants will be provided with information, in an appropriate format, about both this policy and the accompanying procedure document.

A copy of the policy and procedure will be permanently posted in a common area within each [branch/unit]. A copy of the policy and procedure will also be posted on [Everyone's Workplace Inc.] intranet and Internet Website.

At least twice a year all employees will be reminded of the policy and procedure by e-mail or other suitable distribution processes.

To ensure this policy and procedure are applied effectively, it is essential to build into the policy the appropriate monitoring process which is the responsibility of a named individual or, in the case of large, decentralized organizations, several individuals. This allows for feedback to managers and supervisors and for more efficient review. It also enables the organization to track requests and provide documentation in the event of appeals or complaints.

The [Manager of Human Resources or other senior manager appointed by the employer] will monitor all requests for accommodation to ensure the policy and procedure have been correctly implemented.

[Everyone's Workplace Inc.] will keep records of all requests for accommodations as detailed in the procedure document, and provide reports as may be required by the Government of Canada or any other authority.