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.

Accommodating Persons with Disabilities

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:

• use flexible work arrangements such as longer hours to make up the time taken for religious observance;
• work on statutory holidays or weekends, especially in those operations that normally require 24-hours-a-day. 365-days-of-the-year coverage; or
• use time off in lieu, banked overtime or special leave.

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.

Accommodating Family Responsibilities

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:

• elder care;
• time off work to care for a sick spouse using flexible work arrangements; or
• time off work to attend a funeral or support a spouse upon the death of a family member.

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:

• consider themselves disadvantaged in employment by reason of that impairment, or
• believe that an employer or potential employer likely would consider them disadvantaged in employment by reason of that impairment.
• owing to their impairment have been accommodated in their current job or workplace.

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

Directors are responsible for:

• creating and maintaining a workplace free from discrimination;
• incorporating the City’s accommodation initiatives in its recruitment, advancement and retention strategies and providing equal access to City services, goods and facilities;

• fostering a supportive environment that respects people’s dignity and self-esteem, and protects an individual’s right to privacy and confidentiality; and

• understanding and supporting this policy, and ensuring it is communicated to employees.

Managers and Immediate Supervisors

Managers and immediate supervisors are responsible for:

• creating and maintaining a workplace free from discrimination ;

• accepting accountability for addressing workplace barriers that may exist and that hinder individuals from doing their jobs effectively;
• ensuring that appropriate and cost effective accommodations are provided in a timely manner so that employees with disabilities can function effectively in their jobs;
• implementing this policy and supporting initiatives in the areas of recruitment, advancement and retention;

• respecting employees’ and candidates’ right to privacy and confidentiality;

• ensuring that all employment and service opportunities are advertised in an accessible format;
• ensuring that assessment methods or tools used in the staffing process, including tests and interviews, do not constitute barriers and that they assess candidates fairly;
• informing all candidates of the policy and procedures for obtaining accommodation during the staffing process; and
• in consultation with employees and members of the public, accommodating individual needs up to the point of undue hardship.

Employees

Employees are responsible for:

• notifying their immediate supervisor of their need for employment-related accommodations, and, when required, consulting with the City’s human resources professionals or other City representative such as HREE, EAP, LTD, WSIB or the Occupational Health Nurses;
• providing the necessary documentation to support their request for accommodation, and/or their request to return to work; and
• advising the City when technical aids or equipment are no longer needed, and returning them to the City.

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:

• promote a general understanding of this policy through an appropriate mix of communications, training and advisory services;
• assist management in the development of recruitment, advancement and retention strategies, including access to City services, goods and facilities;
• provide support and guidance during the development and implementation of action plans
• consult with bargaining agents on plans, measures and progress;
• ensure the confidentiality of employee information gathered and the release of that information only to individuals with authority to receive it, and
• monitor applicable legislation and review this policy as required to ensure that it meets all legislative requirements.

Employee Health and Wellness

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.

Employee Assistance Program

The Employee Assistance Program is available to assist with accommodation requirements by providing:

• psychological and emotional support to the employee and immediate family members, if required;
• advocacy where the employee is having difficulty articulating or expressing particular needs that would assist the accommodations process;
• coordination of services and liaison with internal professionals;
• assistance to co-workers to ensure a smooth transition for the work unit and the returning employee, and
• guidance and referral information where external resources can provide additional treatment.

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