Canadian Employment Law Today

Canadian HR Reporter, a Thomson Reuters business 2016 Canadian Employment Law Today | 7 Cases and Trends standards. Separate obligations remain in place for the Government of Ontario, the Legislative Assembly, and large and small designated public sector organizations. e AODA and the Integrated Accessibility Standards should be consulted to confirm the obligations of your organization. ird, training must be provided on all aspects of the standards and the Ontario Human Rights Code to any person who is an employee or volunteer, who participates in developing the organization's policies, and who provide goods, services or facilities on behalf of the organization. is change increases the number of per- sons who may now require training to in- clude those providing facilities on behalf of the organization. is change is consistent with the provisions of the regulation that specify that the customer service obliga- tions now apply to providers of goods, ser- vices, and facilities. Fourth, the obligation to file accessibility reports has been amended. A "small orga- nization" does not have to file an accessibil- ity report if it has fewer than 20 employees. However, it must file an accessibility report related to the customer service obligations if it has at least 20 but fewer than 50 em- ployees. is is meant to be consistent with a phased approach to implementing the AODA and to allow exempted organiza- tions to focus their efforts and resources on complying with the accessibility standards. Fifth, the category of health care practitio- ner who can certify a service animal for the purpose of the AODA is expanded and now includes members of the College of Audi- ologists and Speech-Language Pathologists of Ontario, the College of Chiropractors of Ontario, the College of Nurses of Ontario, the College of Occupational erapists of Ontario, the College of Optometrists of On- tario, the College of Physicians and Surgeons of Ontario, the College of Physiotherapists of Ontario, the College of Psychologists of Ontario, and the College of Registered Psy- chotherapists and Registered Mental Health erapists of Ontario. Sixth, a number of provisions establishing schedules for compliance are revoked. is is because most Ontario employers are now expected to have complied with the AODA and the standards. Challenges for Ontario employers Employers are reminded to review the AODA and the standards and assess whether they are compliant. Among the key reminders for both "large" and "small" organizations: • All "large" organizations were required to comply with the employment standards requirements effective Jan. 1, 2016. e employment standards obligations in- clude (but are not limited to): î Notifying employees and the public that applicants with disabilities will be ac- commodated, when applying for work. î Notifying job applicants that accom- modations are available, if individual assessment or testing is to be performed during the application process. î Informing employees of existing poli- cies used to support those with dis- abilities. î Creating individual accommodation plans for persons with disabilities. e process for developing the individual accommodation plans is set out in the regulation. î Creating a return to work process for employees who require disability-relat- ed accommodations to return to work after a disability-related leave of ab- sence. at process must be document- ed. e regulation sets out what must be included in the documented process, which must take the individual accom- modation plan into account. î Taking accessibility needs into account when applying performance manage- ment or when providing career devel- opment or advancement opportunities. • e employment standards that apply to "small" organizations come into effect on Jan. 1, 2017. Ask yourself whether you are aware of your obligations and, if not, whether employment counsel can assist. • Training need not be complicated, but it must be completed! e standards sig- nificantly set out the content of the train- ing. All "large" obligations must retain re- cords of the training provided. Consider whether in-house training is practical, or whether outside assistance is required. • Both "small" and "large" organizations must file accessibility reports every three years. e three-year "clock" began on Dec. 31, 2014, for all "large" and "small" organizations. Ask whether your organi- zation has complied with this obligation. • All "large" organizations must make their internet websites and web content con- form with the World Wide Web Consor- tium Web Content Accessibility Guide- lines 2.0, initially at Level A and increasing to Level AA. Madeleine Loewenberg is a co-founder of Loewen- berg Psarris Workplace Law LLP in Toronto, prac- ticing exclusively in employment and labour law. She can be reached at (647) 255-8888 or mad- eleine@lpwl.ca. « from AODA on page 1 Increase in number of people requiring training CREDIT: RIOPATUCA/SHUTTERSTOCK

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