AODA
AODA Meaning
Accessibility for Ontarians with Disabilities Act
What does OHRC stand for
Ontario Human Rights code
What percent of the Ontario population has a disability
24%
One in seven people in Ontario has a disability.
OHSA
Occupational Health and Safety Act
the purpose of the AODA
To identify, remove and prevent barriers for people with disabilities in areas like employment
What does the OHRC say regarding employment?
every person has a right to equal treatment with respect to employment without discrimination because of disability.
This covers applying for a job and being recruited!
By when do businesses need to comply with the Onatiro Accessibility law
The Accessibility for Ontarians with Disabilities Act (AODA) was passed in 2005, with the goal of making Ontario accessible by 2025. Businesses with one or more employees need to be compliant with Ontario’s accessibility laws.
For businesses and non-profits with 20 or more employees, the deadline to file an accessibility compliance report has been extended to June 30, 2021. The compliance report is a series of yes or no questions. The report and additional information can be found at ontario.ca/AccessibilityReport.
4 Basic rights under OSHA
1.to Participate: Be part of identifying and resolving workplace health and safety concerns
2.to Know: about potential hazards
•to have information on machinery, equipment, working conditions, processes
•e.g. Workplace Hazardous Materials Information System (WHMIS)
3. to Refuse Work (that they believe is dangerous) (there is a process)
4. to Stop Work: e.g. JHSC might make this call (certified to do so)
Barrier Examples
stairs where a ramp or elevator could allow access to a location
- technology that could allow access to information (e.g. TTY)
- policies that could allow access to a place (e.g. service animals)
- large print that could allow communication
- plain language that could prevent unnecessary confusion
- attitudes or ignorance – not knowing, and not doing enough to ensure access
What does equal treatment with respect to employment cover
every aspect of the workplace environment and employment relationship, including job applications, recruitment, training, transfers, promotions, apprenticeship terms, dismissal and layoffs. It also covers the rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations.
Benefits to hiring people with disabilities
increased Innovation
People who have a disability are problem solvers, agile, persistent and willing to experiment
In its 2017 Global Human Capital Trends Report (pdf), Deloitte noted that “diverse and inclusive teams are more innovative, engaged, and creative in their work.”
Increased Profits
Companies that hire inclusively grow profits up to 3x faster than their competitors
Better Business Outcomes
Businesses with Inclusive cultures (pdf) are 8x more likely to achieve better business outcomes
Prepared Workforce
50% of people who have a disability, have a post-secondary degree
Consumer Loyalty
78% of Canadians are more likely to buy a product or service from a business that hires people who have a disability
2008 COMPAS research poll
Increased Productivity
Businesses practicing inclusive hiring have 72% more employee productivity
To disclose or not to disclose
It’s up to you to choose when and how you will talk about your disability, and just how much you want to disclose. There are lots to think about as you make your decision.
Why is the AODA needed
•Disability impacts many Ontarians (over 15%)
•The number of people who experience disability is increasing
•It’s the right thing to do AND the smart thing to do ($25 billion annual spending power in Canada)
•Accessible work benefits EVERYONE.
Duty to accommodate
In some circumstances, the nature or degree of a person's disability may preclude that individual from performing the essential duties of a job. Subsection 17(1) provides that the right to equal treatment in employment is not infringed if the individual is incapable of performing or fulfilling the essential duties of the position because of a disability.
However, subsection 17(2) provides that a job applicant or employee shall not be found incapable of performing the essential duties of a job, unless it can be demonstrated that it would cause undue hardship to accommodate her or his needs. The standard of undue hardship considers the cost of the required accommodation and any health and safety concerns that may be involved (see further the OHRC’s Policy and guidelines on disability and the duty to accommodate,).
A person who requires accommodation to perform the essential duties of a job has a responsibility to communicate her or his needs in sufficient detail and to cooperate in consultations to enable the person responsible for accommodation to respond to the request.
Question employer can not ask in an interview
When you disclose: What works and what you risk
1. On your job application, resumé, or cover letter.
2. Another person recommends you
3. Disclose before your interview
4. When you meet the employer
5. During your interview.
6. After you get the job