The best defence against human rights claims is to be fully informed and aware of the responsibilities and protections included in the Code. Organizations can achieve this by developing disability accommodation policy and procedures as well as by conducting an accessibility review.
6.1 Organizational policy
Organizations are responsible for dealing effectively, quickly and fairly with situations involving claims of harassment or discrimination. Organizations can be held liable by a court or tribunal if they or responsible staff members do not act to end discrimination or harassment in their workplaces.
When an act of harassment or discrimination or a need for accommodation is ignored, there are costs in terms of low morale, high stress, damaged professional reputations and employee absences.
Developing internal anti-discrimination policies and procedures to resolve complaints as part of a broad program to build a harassment-free and discrimination-free environment offers many benefits. Dealing promptly with these issues saves time and money. Letting people know the rules and defining unacceptable forms of behaviour makes it possible to avoid costly and upsetting hours in the courts or before specialized tribunals. In that way, strong policies and programs that prevent human rights complaints and help an organization effectively meet its duty to accommodate make good business sense.
The following should be part of any complete strategy to resolve human rights issues that arise in the workplace:
- anti-harassment or anti-discrimination policy
- disability accommodation policy
- complaint resolution procedure
- ongoing education programs.
These elements should be developed in co-operation with the union or other workplace or organizational partners.
A disability accommodation policy should:
- outline rights and responsibilities
- require barrier analysis and prevention
- prepare and document accommodation plans
- monitor and evaluate implementation.
6.2 Accessibility review
Organizations should consider developing accessibility review plans, undertaking reviews and implementing the necessary changes to make facilities, procedures and services accessible to employees, members, tenants, clients or customers with disabilities.
Conducting the accessibility review will show to what extent an organization is accessible to persons with disabilities and what needs to be done.
An accessibility review plan should:
- state the purpose of the review plan along with a rationale, context and guidance for conducting a review
- acknowledge an organization’s obligations under the Code to ensure accessibility for employees, clients or customers with disabilities
- identify internal and external resources that would provide guidance for conducting the review;
- summarize current internal and external initiatives
- identify quality service measures
- outline the scope of the review and identify potential barriers as they may relate to procedures and practices, facilities, services and communications
- outline timeframes and responsibilities around conducting an accessibility review of the organization
- outline a communications plan for the accessibility review so that senior management, staff, members, clients, etc. are aware and supportive of the initiative and its purpose.
Results of the accessibility review should be documented in a “Summary of findings and recommendations report” and submitted to senior management. Senior management should make the results available to all concerned, along with a plan for undertaking barrier removal.
Accessibility review plans and barrier removal are up-front ways that an organization can address the needs of persons with disabilities. Developing and using a disability accommodation policy will also help an organization meet its duty to accommodate the individual needs of employees and customers with disabilities in accordance with the Code. Such a policy will make it clear to both employees with disabilities, others who require accommodation and managers responsible for providing accommodation what company procedures are in place to assist persons with disabilities effectively.