Policy
Statement
The City of Ottawa is
committed to providing equal treatment with respect to employment without
discrimination and accommodating employees and potential employees in a manner
which respects their dignity, is equitable, and which enhances their ability to
compete for jobs, perform their work and fully participate in employment at the
City.
The City will provide
an inclusive, barrier-free work environment that allows persons with
disabilities to contribute as full members of their work teams, and to enjoy
the same employment rights as other staff, whether as candidates for employment
or as employees. The City is also
committed to providing equal access to transportation, buildings, goods and
services.
Purpose
The main objectives of this policy are:
· to enable equitable participation in the City’s employment practices, employment applications and advertisements;
· to enable equitable participation in the City’s residential or commercial tenancy;
· to enable equitable participation in the City’s goods, services, accommodation or facilities customarily available to the public;
· to enable equitable participation in the City’s statements, publications, notices, signs, symbols, emblems or other representations that are published, issued or displayed before the public;
· to assist employees with disabilities return to work after an occupational or non-occupational injury or illness; and
· to ensure accessibility by building accommodation into City standards when designing employment systems processes, and facilities.
Application
This policy applies to all City employees, as
well as to individuals applying for employment with the City of Ottawa and
members of the general public who require access to City transportation,
buildings, goods and services.
Policy Description
The Canadian Human Rights Act, and the Ontario Human Rights Code prohibit discrimination and recognize that all persons are equal in dignity, rights and responsibilities regardless of race, religious beliefs, colour, gender, physical disability, mental disability, age, ancestry, place of origin, marital status, sex, sexual orientation, source of income or family status. Canadian courts have emphasized that accommodation, to the point of undue hardship, is an essential means of ensuring equal participation within the workforce.
The City demonstrates its commitment to accommodate persons with disabilities by providing a supportive work environment and corporate culture that welcomes such persons. Its practices related to recruitment, training and development, promotion and provision of career opportunities are based on the competency of the candidates. The City encourages the effective utilization of the talents of all of its employees, and will ensure that its human resource management policies reflect this principle.
The City recognizes there will be circumstances when, due to the nature or degree of an employee’s disability, accommodation may be necessary (e.g. task adjustments, hours of work, the environment) to enable an employee to contribute to the City’s business objectives. . Accommodation may also be necessary to enable an employee with a disability to return to work after an illness or injury. The disability may be temporary, long lasting or permanent. Whether the cause was job-related or not, the City will examine all options to facilitate the employee’s re-integration into the workforce, to the point of undue hardship. Options may include restructuring the job, alternative work arrangements, retraining, part-time work, etc. All accommodations will be provided in consultation with the employee, and, where applicable, with their union representative, and will respect the dignity and privacy of the person being accommodated. Such accommodation must not represent undue hardship for the City.
The duty to accommodate in
the area of services is important if members of the public are to enjoy full
and equal participation in City services and activities. No member of the general public with a
disability therefore shall be denied access to City transportation, buildings,
goods or services. The City will
provide access to such persons provided that such accommodation does not
represent undue hardship for the City.
Accommodating Religious
Observances
In acknowledgement of the pluralistic nature
of the City’s workforce, the City will accommodate employees who experience a
conflict between a religious obligation and scheduled work. Employees’ religious beliefs may require
them to be absent from work on days of religious observance, to have prayer
breaks during working hours, or to observe a certain dress code. The type of accommodation will vary
depending on the nature, and timing of the work for which accommodation is
sought.
Employees
whose religion is not Christian should not be disadvantaged in the observance
of their religious holy days.
Consequently, employees should not be forced to use vacation leave for
this purpose. Managers shall,
therefore, explore options for accommodating requests for religious observance
leave.
Accommodation
of religious leave will depend upon the operational work requirements and the
preferences of the manager and employee.
Where operationally feasible, employees and managers may agree that the
employee can:
Consideration
of an accommodation request to permit an employee to observe a religious
requirement will be based upon fundamental religious requirement. While accommodation for cultural traditions
is not a legal requirement, the City will make every reasonable effort to
respect these requests.
The City of Ottawa is committed to promoting a culture which is supportive of the needs and career aspirations of employees with family responsibilities. Family responsibilities are not confined to the private sphere, but impinge on all aspects of an individual’s life, including employment. As an equal opportunity employer, the City has an interest in supporting its employees to balance the various demands they face as employees, and as individuals with family responsibilities.
Examples of accommodation that may be made for family
responsibilities include:
Employees
are required to give notice as early as possible in order that alternate plans
can be made in the workplace.
Family Status
Human Rights
legislation provides the right to equal treatment without discrimination on the
basis of sex because a woman is or may become pregnant.
Managers
shall make every effort to accommodate an employee’s request for a pregnancy
work assignment for a reasonable period of time where it is feasible to do
so. Dialogue is encouraged between
managers, employees and, where applicable, unions to determine how the needs of
employees can be best accommodated.
All such dialogue requires mutual understanding and respect from all
parties.
Employees
can be accommodated in many ways including:
·
temporary
relocation to another work area, or reassignment of duties with a comparable
rate of pay;
·
a supportive
environment for a woman who is breast feeding;
·
flexible
work arrangements or the use of Special Leave to care for family members.
Workplace
conditions can present unique risks to pregnant and nursing mothers. Physical hazards, and unsatisfactory
ergonomic conditions (i.e. lifting, working for a prolonged period of time in
standing or sitting positions) are common concerns.
Employees
who on a doctor's advice must stop working for health reasons, even when the
health reason is pregnancy related, are entitled to go on sick leave in the
same way as other employees who are absent from work for health reasons.
Definitions
For the
purposes of this policy, the following definitions apply.
Accommodation – the facilitation and integration of individuals into the workplace by recognizing and accommodating special needs through the identification and removal, if necessary, of non-essential job elements, workplace adjustments, technical devices, flexible scheduling, adaptive devices for equipment, etc. unless undue hardship by the City would be incurred.
Alternative Work Arrangements - Different ways of working from the standard (e.g. flexible working hours, compressed work week, telework, etc.)
Barriers – physical barriers as well as formal or informal policies and practices that restrict or exclude persons with disabilities
Discrimination – the denial of equal treatment in employment, in the provision of goods, services and facilities to the public, and in the administration of contracts based on the prohibited grounds as defined by human rights legislation
Family Status – the status of being in a parent and child relationship.
Persons with Disabilities
– Persons who have a long-term or
recurring physical, mental, sensory, psychiatric or learning impairment and
who:
Undue Hardship – a substantial level of hardship based on (but not limited to) such factors as:
· cost;
· disruption to a collective agreement;
· problems of morale of other employees
· change of workforce facilities;
· size of work operation; and
· safety risk that may impact the employee, other employees or the general public.
Work Environment – any place employment-related activities are conducted, including during business travel, and employee sponsored social gatherings.
Responsibilities
City
Manager and General Managers
It is the responsibility of the City Manager and General Managers to:
· provide an inclusive, barrier-free work environment;
· provide a supportive work environment that seeks to accommodate persons in a manner that respects their dignity, their right to privacy and confidentiality, and maintains good will and positive employee relations;
· provide and pay for technical aids and services for persons with disabilities as well as maintenance and repairs to such aids;
· absorb workplace related costs associated with accommodations; and
· ensure this policy is communicated to all staff.
Directors are responsible for:
Managers and Immediate Supervisors
Managers and immediate supervisors are responsible for:
Employees are responsible for:
Human Resources Consultants
Human Resources
Consultants identify and respond to accommodation requests from applicants
during the recruitment and hiring processes and from employees and follow-up to
ensure that accommodation has been made.
Human Rights and Employment Equity (HR & EE) Staff
It is the responsibility of the Human Rights and Employment Equity staff to:
Where an employee discloses a long-term or recurring physical, mental, sensory or psychiatric condition that is preventing them from doing their regular and essential duties, the Occupational Health Consultant (OHC) of the Employee Health and Wellness Division will provide the employee with the Disability Assessment form to be completed by their physician.
The completed form will be subsequently reviewed by the Corporate Occupational Physician to ensure that the medical information is satisfactory and that it complies with human rights legislation.
The OHC will inform and provide the Manager, if applicable, with information regarding the employee’s capabilities. The nature of the disability will not be disclosed. If requested by the manager, the OHC will provide assistance in establishing appropriate accommodations consistent with the employee’s disability. The Corporate Ergonomist may also be called upon to assist with workplace modifications and installations.
The Employee Assistance Program is available to assist with accommodation requirements by providing:
All services provided through the Employee Assistance Program are on a voluntary basis and information provided by the employee is held in strictest confidence, unless a signed release of information is provided.
monitoring
The Human
Resources Department has governance over this policy and will monitor existing
practices to ensure policy compliance.
Contraventions
Failure to comply
with this policy may result in complaints filed with the Human Rights
Commission.
Employees returning to work after an occupational injury or illness are guided by the requirements of the Workplace Safety and Insurance Act; contraventions to this Act may result in a financial penalty.
References
Alternate Formats Policy
Alternative
Work Arrangements Policy
Collective
Agreements
Equity and Diversity Policy
Occupational Health and Safety Policy
Priority Placement Program
Legislated
& Administrative Authorities
Ontario Human Rights Code
Canadian Charter of Rights and Freedoms
Canadian Human Rights Act
Workers’ Compensation Act
Workplace Safety and Insurance Act
Employment Equity Act
Employment Standards Act
Municipal Freedom of Information and Protection of Privacy Act
Contact
Enquiries should be directed to:
Human Rights and Employment Equity Division
Labour Relations Branch
Human Resources Department
City of Ottawa
Tel:
613-580-2400