The AODA Employment Standard Strategies for Retaining Employees with Disabilities

Transcription

1 The AODA Employment Standard Strategies for Retaining Employees with Disabilities

2 Ontario Chamber of Commerce The Ontario Chamber of Commerce (OCC) is a business network of 160 local chambers of commerce and boards of trade in Ontario. Through this network, we are the voice of 60,000 members that range from small businesses to major corporations and industry associations. Together, our members employ over two million people and produce nearly 17 percent of Ontario s GDP. Visit us at occ.ca and follow

3 Human Resources Professionals Association The Human Resources Professionals Association (HRPA) is the professional regulatory body and the professional association for Human Resources professionals in Ontario. It oversees more than 20,000 members in 28 chapters across the province. Visit us at or follow

4 Context As part of the Integrated Accessibility Standards Regulation (IASR) of the AODA, the Employment Standard contains requirements related to: Recruitment, assessment and selection Accessible formats and communications supports Workplace emergency response information Documented individual accommodation plans Return to work processes Performance management Career development and enhancement Redeployment Informing employees of supports

5 Focus of today s session To provide information and tools and resources on aspects of the AODA Employment Standard related to retaining employees with accessibility needs Separate webinars on individualized accommodation plans and emergency information Guidance, not legal advice

6 Topics to be covered Informing employees of supports Accessible information and communications supports Return to work processes Performance management Career development and enhancement Redeployment

7 Know the law The AODA Employment Standard applies to: All organizations in Ontario with 1 or more employees The Employment Standard does NOT apply to volunteers and other non-paid individuals Employees can be full-time, parttime or contractual

8 What you have to do: For all employers: Inform employees of supports Provide accessible formats and communications supports Provide workplace emergency response information For employers with 50 or more employees Documented return to work processes Individualized workplace accommodations plans For all employers, take accessibility needs into account where systems are in place for performance management, career development and advancement, or redeployment,

9 Informing employees of supports What s required? Inform employees that supports are available to meet accessibility-related needs Provide information to new employees as soon as possible Provide updated information to employees whenever there are changes to accommodation policies REMEMBER - people s situations change and accessibility needs can come up at any point

10 Best Practices St. Lawrence College We incorporate information in our onboarding program and checklist and have a form asking the new employee on Day 1 if they have accommodation requirements for emergency response or for any other purpose. -Andree LeBlancq, CHRL Associate Director, HR Client Services St. Lawrence College

11 Requirements at a glace

12 Compliance dates: By January 1, 2016 for private sector and not-for-profit organizations with 50 or more employees By January 1, 2017 for organizations with 49 or fewer employees

13 People with disabilities make good employees! U.S study of 2,000 employers said the following benefits of hiring people with disabilities: 1. 90% improved retention 2. 71% increased productivity 3. 60% eliminated costs for training new employee 4. 53% improved attendance 5. 42% increased diversity 6. 39% savings from worker s compensation or other insurance

14 Rethinking Disability in the Private Sector Federal Panel on Labour Market Opportunities for People with Disabilities It s time for Canadian businesses to step up to the challenge of employing more people with disabilities. With our diverse culture and strong commitment to human rights, we firmly believe that our country has a unique opportunity to play a global leadership role in this regard. A significant success factor will be our ability to create fully inclusive workplaces. This will require innovation and perseverance, but it will benefit everyone including existing employees and customers. In the same way that now-familiar accommodations like an automatic door opener or a curb cut where the sidewalk is lowered make life easier for many, an inclusive workplace can be the starting point for increased engagement and lead to better productivity and a more successful business.

15 Tap into talent People with disabilities are an untapped resource. Over 50% have high school diplomas and 1/3 have postsecondary education. Yet, people with disabilities have three times the unemployment rate as people without disabilities. What s the barrier? ATTITUDES AND STIGMA

16 Learn from others The AODA Employment Standard does not specify how requirements are to be met Learn from good practices and don t re-invent the wheel

17 Informing employees of supports How? Use regular communication channels that reach all employees Consider posters, lunch and learns, brochures, s REMEMBER - information needs to be provided in accessible formats for those employees who have accessibility needs

18 Accessible formats and communication supports What s required? Consult with employees to provide accessible information or communications supports for: information needed to perform the person s job information generally available to all employees

19 Examples of information and communication supports Braile Large Print Text Transcripts of audio or descriptions of visual material Plain Language Accessible Website Audio

20 Emergency response information What s required: Individualized information for employees with accessibility needs during and emergency With the employees consent, provision of the information to the person designated by the employer to assist the person Review and monitoring

21 What should be in a plan? 4 things an employee and employer need to know: 1. What s the emergency? 2. What s the way out? 3. What assistance is needed? 4. Who will provide the assistance?

22 Individualized accommodation plans (for businesses with 50 or more employees) A formal way to determine and review what disability-related accommodations a person may require to fulfill the essential duties of their job The process must include information on: How an employee will be included in the development of their plan How an employee will be assessed Requesting an assessment by an outside medical or other expert Bargaining agent representation Privacy protection Regular reviews and updating of the plan Denial of an accommodation request Provision of the accommodation plan in a manner appropriate to the employee s disability

23 Return to Work Process (for businesses with 50 or more employees) Required: A documented return to work process for employees who have been absent from work due to a disability Outline the steps to facilitate the return to work Use the documented individualized accommodation plan as part of the process NOTE: AODA does NOT over-ride processes for injuries or illnesses covered by the Workplace Safety and Insurance Act

24 Best practices for return to work processes An employee may take a leave for a variety of disability-related reasons new condition, temporary illness, permanent disability - work together with the employee to ensure a successful transition back to work Maintain contact with the employee on leave Include appropriate stakeholders Find out what assistance is needed Develop a return to work plan and determine if a temporary or permanent accommodation is needed Use assessments if required Monitor and evaluate the process

25 Performance management What s required? For employers that use performance management systems, take accessibility needs of employees into account Tips: Review or consider individual accommodation plans prior to the discussion when assessing performance Distinguish between disabilityrelated and performancerelated issues Consider expert advice when needed Be aware of potential bias and making assumptions

26 Career development and enhancement Ontario Human Rights Commission people with disabilities face significant barriers when it comes to upward mobility in the labour force, not because of skills but because of subtle bias

27 Requirements and Tips to consider What s required? Tips Take accessibility needs into account when providing career development and enhancement opportunities Includes additional responsibilities within an employee s current job or promotion Don t make assumptions on peoples limitations based on their disability Include people with disabilities in developmental processes Use mentoring as a way of training

28 Redeployment Redeployment means reassignment of employees to other departments or jobs within the organization as an alternative to lay-off, especially when a job or department has been eliminated Take accessibility needs and individual accommodation plans into account when making redeployment decisions

29 VIDEO: Harold Jeepers video Keeping Accessibility Needs and Plans in Mind

30 The Abilities Connect Fund is a pilot program that aims to raise awareness among employers about the benefits of hiring, integrating and retaining people with disabilities; and encourage employers to leverage this talent pool to improve employment outcomes and career trajectories for persons with disabilities. The Abilities Connect Fund has two funding streams: 1. Valuing Ability Employment: provide training and employment opportunities for college/university students and/or recent graduates with a disability. The maximum grant an organization can receive is $20,000 for up to four employees 2. Valuing Ability Workplace Solutions: provides assistance to organizations for the purchase of workplace assistive devices, specialized training and assessments for new and/or current employees. The maximum grant an organization can receive is $3,000

31 TOOLS AND RESOURCES

32 Mental Health and the Workplace

33 National Institute of Disability Management and Research Free databases on disability management practices Audit and evaluation services on disability management and return to work processes

34 Conference Board of Canada

35 Government of Ontario Resources

36 HRPA AODA Resources Harold Jeepers Youtube Series HRPA AODA webpage HRPA Accessibility Certificate Program

37 Further information and questions Follow the Government of Ontario on and Facebook For information on OCC resources and initiatives: For information on HRPA accessibility resources: 37

38 Upcoming Accessibility Works Webinars Friday December 11 at 10am EST The AODA Employment Standard: Mental Health and Employee Accommodation with guest Mary Ann Baynton Friday January 8, 2016 at 10am EST The AODA Employment Standard: Self-Assessment Tools for Disability Management Friday January 29, 2016 at 10am EST The AODA Employment Standard: Documented Individual Accommodation Plans

39 An initiative of Funded by In partnership with