Human Rights
Staff with Disabilities
Complainant's Guide
Respondent's Guide
Graffiti and Electronic
Harassment
Complaints By Staff,
Parents Or Visitors
Complaints By Students
Contacts
Links & Resources


policies

Human Rights
• Statement of Policy
• Terminology
and Principles

• Types of
Discrimination

• General Provisions

Staff with Disabilities
• Statement of Policy
• Ontario Law
• How It Works



Accommodation of Staff With Disabilities - Policy #59


Statement
of Policy


The Peel District School Board recognizes the valuable contribution that employees of differing abilities can make to education and is committed to compliance with the Ontario Human Rights Code and the Workplace Safety and Insurance Act as they relate to employing individuals with disabilities.

In keeping with the legislative provisions and principles outlined below, the Board will make every reasonable effort to arrange meaningful and appropriate accommodation for any employees with disabilities.

Accommodation programs will be individualized, based on physical, emotional, or intellectual abilities in a manner that respects the individual employee's dignity and that maximizes the employee's integration and participation in the workplace.

Please Note: Every person has the right to seek assistance from the Ontario Human Rights Commission, even when steps are being taken under this policy. Please be aware, however, that the Commission applies time limits to its procedures.

(back to top)


Ontario Law
Relevant Provisions:

Disability

The Ontario Human Rights Code defines a handicap as:

  • any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily harm, birth defect or illness and, without limiting the generality of the foregoing, including diabetes mellitus, epilepsy, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a guide dog or on a wheel chair or other remedial appliance or device
  • a condition of mental retardation or impairment
  • a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language.
  • a mental disorder, or
  • any injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

Please Note: The Board may accommodate even in cases that do not fit within the Code's definition of disability.


Accommodation

The Code requires that accommodation must be provided for persons with disabilities up to the point of "undue hardship" for the employer.

Undue hardship is defined by three factors: cost to the employer, outside sources of funding, if any, and health and safety requirements [s.17(2)].


Relevant Principles

  • The Board has a reasonable expectation that the essential duties of the job will be accomplished.
  • The purpose of the accommodation is to enable the employee to perform the essential duties of the job.
  • Employees requiring accommodation must work cooperatively with the Board to design a meaningful and appropriate individualized accommodation program.
  • Objections from coworkers and/or a bargaining agent that are not consistent with human rights objectives cannot thwart an accommodation program.

Please note: The Board prefers to design accommodation programs so that they fall within the parameters established by the existing Board policies and collective agreements. The Board recognizes however, that sometimes existing practices, policies or agreements can themselves pose barriers to reasonable accommodation.

How It Works

Examples

Examples of accommodation include but are not limited to:

  • reducing hours of work
  • removing a physical barrier
  • providing an assistive device
  • modifying the duties of the position
  • re-assigning the individual to another position if he or she has the necessary skills and abilities to perform the essential duties of that position
  • job sharing

The Board will pay for any assistive devises deemed necessary to accommodate employees.

Approved November 14, 1995

Revised January 1, 1998 (to reflect change in Board name)

Revised April 11, 2000 (replaces former Policy #59 - Accommodating Staff with Disabilities)


(back to top)

 



home | what's new | policies | what to do | brochure | questions | take action | the future we want | peelschools.org