Know the Essential Duties of Your Jobs: The WHY and HOW. Sarah Snable, PROergonomics Christine Gabany, City of Mississauga

Transcription

1 Know the Essential Duties of Your Jobs: The WHY and HOW Sarah Snable, PROergonomics Christine Gabany, City of Mississauga

2 LEARNING OBJECTIVES Understand how essential duties are defined Know WHY you need to identify the essential duties of a job and examine the benefits to your organization Anticipate the point at which essential duties should be identified and HOW Hear strategies other organizations are using to identify and document essential duties Take away tips and ideas for applying a similar process yourself

3 SESSION OUTLINE Legislative background Human Rights Code, AODA, IASR (Employment Standard) What is an Essential Duty? City of Mississauga s process Gap analysis Steps taken to comply Why

4 LEGISLATIVE BACKGROUND Ontario Human Rights Code Ontarians with Disabilities Act, 2001 Accessibility for Ontarians with Disabilities Act, 2005 Integrated Accessibility Standards (including Employment)

5 HUMAN RIGHTS CODE Freedom from discrimination in employment Includes disability Includes employment application and recruitment process Applies to full-time, part-time, contract, temporary, probationary periods, volunteer work The ideal candidate must be able to perform the essential duties of the job, with or without reasonable accommodations

6 WHAT IS THE AODA? Provincial Legislation Goal is a fully accessible Ontario by 2025 Supported by Integrated Accessibility Standards Regulations (IASR) Customer Service, Transportation, Employment, Information & Communication, & Built Environment

7 HOW DOES THE AODA AFFECT ME? Applies to all employers in Ontario Applies to all employees in Ontario Must have: Policy, Practices and Procedures in Employment that support accessibility Specialized staff training Compliance deadlines

8 WHAT IS THE EMPLOYMENT STANDARD? Integrated Accessibility Standard Regulation EMPLOYMENT STANDARD Makes accessibility a normal part of finding, hiring, supporting and communicating with employees who have disabilities. Applies to paid employment Builds upon existing requirements under the Ontario Human Rights Code

9 THE EMPLOYMENT STANDARD? Applies to these human resource activities: Recruitment, assessment and selection Developing and documenting individual accommodation plans for employees with disabilities Accessible formats and communication supports Workplace emergency response information Facilitating return to work Performance management, redeployment and career development and advancement

10 CITY OF MISSISSAUGA PROJECT Gap analysis What was in place What was missing Gaps identified Documentation outdated, different formats, inconsistency, not easily available; not all in one place! What is an Essential Duty???? Working group developed People Planning, Health Services, Human Resources, Labour Relations, Compensation & Benefits, Legal, Ergonomist

11 WHAT IS AN ESSENTIAL DUTY? Essential Duty = Bona Fide Occupational Requirement 1. The reason the position exists is to perform this function. Removing this function would fundamentally change the position. 2. The person must have expertise to perform this duty. 3. There is a bona fide/reasonable connection to the requirements of the job.

12 HOW DO WE KNOW WHAT THE ESSENTIAL DUTIES ARE?

13 WHERE ARE JOB DEMANDS DOCUMENTED? JE PMP Job Description Job Demands Job Posting PDA/CDA

14 IDENTIFYING ESSENTIAL DUTIES WHY do we need to identify essential duties? What are the potential IMPLICATIONS if an essential duty is not identified? What is BEST PRACTICE for identifying essential duties?

15 MISSISSAUGA S CHOICE

16 CITY OF MISSISSAUGA PROJECT Initial project: PDA/CDAs Driven by Employee Health Services Ergonomist hired on a year contract ( ) to complete 133 PDA/CDAs for multi-incumbent positions Aha moment Second step: Essential Duties Worksheet Created Worksheet during PDA/CDA project Introduced as step in recruitment process for January 2014 Used by HR Recruiters and hiring managers Training conducted on how to use/fill out

17 CITY OF MISSISSAUGA PROJECT Why create an Essential Duties Worksheet? Identify bona fide occupational requirements of a job Important for determining if the applicant can perform the essential duties of the position with or without reasonable accommodation Vision to create a family of documents EDW as base document identifying essential duties and core components of job

18 CITY OF MISSISSAUGA PROJECT Why create an Essential Duties Worksheet? Strengthens recruitment process Integrated into standardized recruitment process prior to posting Supports the development of unbiased screening, testing and selection processes Creates a defendable document for the City

19 CITY OF MISSISSAUGA PROJECT Essential Duties Worksheet snapshot

20 CITY OF MISSISSAUGA PROJECT Essential Duties Worksheet Project (2015) Internal review of completed EDW Feedback from HR Recruiters = time consuming Identified need for assistance to support continuation of previous project 6 month project to: Fully complete 150 Essential Duties Worksheets Provide training workshop for HR Recruiters on how to complete Worksheets and support their hiring managers in completing Provide on-the-job training for HR Recruiters

21 USES LTD Accommodation Interview Questions Interview Matrix Job Description JE Essential Duties Worksheet PDA/CDA Short Term Accommodation PMP Job Posting

22 CITY OF MISSISSAUGA PROJECT Project Update: Feedback from hiring community is positive HR Recruiters more confident in completing Worksheets More than 200 completed Worksheets SharePoint site houses family of documents EDWs Job Descriptions Job Postings PDA/CDAs Job Evaluations

23 CITY OF MISSISSAUGA PROJECT Project Update: LTA process uses EDW for every case Looking to do another large volume of EDWs in 2018 Expanding to include part-time positions in 2018

24 TAKE HOME TIPS Have you reviewed the required elements of the Employment Standard? Are you in compliance? What are the Essential Duties of your jobs? Can you confidently and efficiently answer this if challenged? For a copy of this package, please leave your business card!

25 QUESTIONS SARAH SNABLE (416) CHRISTINE GABANY (905) ext. 3559