Tool #3: Legal Issues
Legal aspects of disability inclusion are quite straightforward with a few key points to keep in mind. This information can help make any hiring process easier, protect the interests of employers, and ensure that the rights of all individuals are respected.
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3.1 Employers’ Legal Responsibilities
It is important to review the laws applicable to an employer’s specific region. Although provincial laws vary, there are core fundamental concepts that can generally be found. -
3.2 Workplace Accommodation Essentials
Most accommodations cost little to no money and in many cases, just require a little creativity and flexibility from both the employer and the team member requiring supports. -
3.3 Duty to Accommodate
The duty to accommodate applies in relation to any aspect of employment, including pre-employment testing, work environment, training and/or promotions. -
3.4 Undue Hardship
The Supreme Court of Canada has stipulated that a person’s disabilities must be accommodated unless the employer or service provider can prove that doing so would be an “undue hardship.” -
3.5 Employee’s Duty to Cooperate in the Accommodation Process
Applicants and employees don’t have an obligation to disclose a disability. However, in some cases this would become a legal obligation.