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8.5 Accommodation
Requirement Employer must provide for the accommodation of designated group members.
Act | 5(b) | Every employer shall implement employment equity by:
(b) ...making such reasonable accommodations as will ensure that designated group members achieve a degree of representation that reflects their representation in... the relevant labour pool. |
Assessment Factors | | Does the employer have in place initiatives to ensure the reasonable accommodation of individuals from each of the designated groups? |
Requirement The employment equity plan must include provisions for the accommodation of employees' needs.
Act | 10(1)(a) | Requires the employer to prepare an employment equity plan that:
(a) specifies the positive policies and practices that are to be instituted by the employer in the short term for the making of reasonable accommodations for designated group members, to correct the under representation of those persons identified through the workforce analysis. |
| 6 (a) | The obligation to implement employment equity does not require an employer
(a) to take a particular measure to implement employment equity where the taking of that measure would cause undue hardship to the employer. |
Assessment Factors | 5.1 | Does the policy specify provisions which ensure that:
- the needs of designated group applicants and employees are accommodated up to the point of undue hardship?
- physical accessibility issues, the provision of required technical aids, and the need for adjustments to policies and procedures are addressed?
- accommodation is achieved through individual assessment?
- the individual's dignity is respected, their discomfort minimized and autonomy maximized? and
- There are effective implementation mechanisms such as a written policy, adequate funding and appropriate communication to managers, staff and applicants?
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Requirement If an employer does not already have an accommodation policy, alternative procedures must be in place.
Assessment Factors | 5.2 | Where accommodation policies do not already exist, has the employer:
- adopted alternative procedures to ensure that accommodation takes place, or
- included measures in its plan for the implementation of a policy and procedures on accommodation?
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Requirement The Plan must include a timetable for the implementation of accommodation measures within the short term.
Act | 10(1)(c) | The Employment Equity Plan must establish a timetable for the implementation of the positive policies and practices to be instituted in the short term for the making of reasonable accommodations. |
| 10(3) | "Short term" means a period of not less than one year and not more than three years. |
Assessment Factors | 5.3 | Does the plan include a timetable for the implementation of each of the measures relating to accommodation within a period of one to three years, and take into account:
- the significance of the measures?
- internal and external resources and constraints?
- the complexity and costs of implementation?
These measures relate to such issues as communication and accessibility but not the policy and procedure which must be already established.
If some measures cannot be implemented in the short term, does the employer recognize that there exists an obligation in the Canadian Human Rights Act to provide for the accommodation of the needs of individual applicants and employees to the point of undue hardship? |
Requirement Employers should normally have a written policy already in place which provides for the accommodation of designated group individuals.
Assessment Factors | | If the employer already has a written policy on accommodation in place, does it include:
- a procedure for requesting accommodation;
- a consultation process with the individual requesting the accommodation;
- a budget allocation and procedures to access these funds;
- a statement of whom the policy covers and a communications strategy; and
- a procedure for consulting with unions on both the policy and individual accommodations, when necessary?
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