1. Accessibility for Ontarians with
Disabilities Act, 2005 (AODA)
An Overview of
Obligations for Employers
Presented by
Stuart E. Rudner
For The Staff Room
January 29, 2014
Toronto
2. What is the AODA?
• The AODA allows the government to develop
& enforce specific standards of accessibility
• Purpose:
– to move organizations in Ontario forward on
accessibility in finding, hiring and supporting
employees with disabilities
– to ensure full workplace access for workers with
disabilities
3. Why the AODA?
• Now: 1 in 7 people in Ontario are disabled
• 2016: 1 in 5 people will be disabled
• Next 20 years: aging population & people
with disabilities will equal 40% of the total
income in Ontario
4. Does this affect your organization?
• If your organization:
– has at least 1 employee
– Provides foods, services or facilities to the public
or to other organizations
(basically every business to business or
business to consumer company)
5. Start Thinking about ADOA
Compliance Now
• It will take time to implement many of the ADOA’s
requirements properly and effectively:
– Appropriate measures and policies must be
planned, drafted and implemented
– employees must be trained accordingly
– the entire organization must observe these
policies
• Although compliance may be costly, proper planning
and a considered approach ill benefit both
organizations and the public
6. When must Employers comply?
Government of 2013
Ontario
Public sector 50 + employees 2014
organizations 1 – 49 employees 2015
Private sector & 50 + employees 2016
non-profit organizations 1 – 49 employees 2017
7. General Compliance Timelines for
Large Organizations (50+ employees)
2012
• Provide workplace emergency response information and plans to employees with
disabilities.
2014
• Develop, implement and maintain policies that govern how they will achieve
accessibility standards
• Develop, implement and maintain accessibility plans that outline strategies for meeting
legislative requirements as well as removing existing barriers and preventing new ones
• Consider accessibility for people with disabilities when designing, procuring or acquiring
self-service kiosks
2015
• Provide training to employees, volunteers and contractors about the regulation as well
as the Ontario Human Rights Code as it relates to people with disabilities
2016
• Have HR policies and processes for:
– Accessible formats and communication supports
– Recruitment, assessment and selection and informing employee of supports
– Employees and accommodation
– Employees returning to work
8. General Compliance Timelines for
Small Organizations (1-49 employees)
2012
• Provide workplace emergency response information and plans to employees with disabilities.
2015
• Develop, implement and maintain policies that govern how they will achieve accessibility
standards (not required to be written).
• Consider accessibility for people with disabilities when designing, procuring or acquiring self-
service kiosks.
2016
• Provide training to employees, volunteers and contractors about the regulation as well as the
Ontario Human Rights Code as it relates to people with disabilities.
2017
• Have HR policies and processes for:
– Accessible formats and communication supports
– Recruitment, assessment and selection and informing employee of supports
– Employees and accommodation
– Performance management, career development, and redeployment (if provided by the
organization)
10. 1. Let job applicants know that
recruitment and hiring processes
will be modified to accommodate
their disabilities, if requested
11. 2. Build the accessibility needs of
employees into their human
resources practices
12. 3. Create a written process for
developing and documenting
individual accommodation plans
for employees with disabilities
(not applicable to small organizations)
13. 4. Help employees stay safe in an
emergency by providing them
with individualized emergency
response information when
necessary
15. ADOA Implementation, 2010 -
• The implementation began with the Consumer Service
Standard
• Then the Accessibility Standard for Employment set
standards in areas including information and
communication, transportation, and employment
• For employers, this includes general requirements that
organizations must follow including:
– planning for accessibility
– training staff to comply with the accessibility
standards
• This applies to all paid employees (full- and part-time,
seasonal, and paid apprenticeships)
16. Employer Requirements
• Develop accessibility policies and a plan to outline how they
will comply with the regulation
• Incorporate accessibility when they procure goods, services
and facilities
• Incorporate accessibility features (public sector) or consider
accessibility (private sector) when designing or buying self-
service kiosks
• Train staff and volunteers so that everyone who provides
goods or services on their behalf understands the:
– Integrated Accessibility Standards Regulation and its
requirements, and
– Ontario Human Rights Code (as it relates to people with
disabilities)
17. (a) Make hiring accessible
• Include information about accommodations for
applicants with disabilities in the job posting
• Call applicants directly or speak to them in
person
• Keep interview formats flexible so that
applicants of all abilities can participate
• Include the company’s policy on accommodating
employees with disabilities in the offer letter to
successful applicants so they know the
organization’s policies
18. (b) Tell staff about policies for
supporting employees with disabilities
• You need to let your staff know about your organization’s
policies for supporting employees with disabilities. You have
the flexibility to do this in a way that best suits your
organization’s culture and business practices
• You need to tell your employees about these policies when:
– this requirement comes into effect for your organization,
and
– you hire new employees
– You will also need to tell your employees when you change
the policies
19. (c) Make information accessible to
employees
• When an employee with a disability asks for it, you must work with
them to make workplace information accessible. This means
providing the information in an accessible format or with
communication supports suited to the individual needs of the
employee
• Workplace information means:
– information that employees need to perform their jobs, and
– general information that is available to all employees at work.
• Talk to your employees with disabilities to learn what will help them
access your information
• Once you understand your employees’ needs, you have the
flexibility to decide how to make information accessible for your
staff in a way that meets their needs
20. (d) Large Organizations must Update
their websites
• New or refreshed websites of businesses with 50 or more employees meet
WCAG 2.0 guidelines.
• A new website is defined as a website with a new domain name or a
website undergoing a significant refresh (a change in more than 50% of the
content, design or technology of the website).
• Any content posted on a website before 2012 does not have to be modified,
but you should be able to make the content accessible to individuals in
some way, upon request.
When does my business have to comply with the WCAG 2.0 requirement?
• Beginning January 1, 2014: if you are launching a new public website and
web content or doing a significant site refresh, the site and its content must
conform to WCAG 2.0 Level A.
• Beginning January 1, 2021: all public websites and web content must
conform with WCAG 2.0 Level AA other than providing captions on live
videos or audio descriptions for pre-recorded videos.
21. (e) Help employees with disabilities
stay safe
• An individualized emergency response information is a plan to
help an employee with a disability during an emergency, or
emergency information that’s formatted so an employee with
a disability can understand it
• As of January 1, 2012, if you know an employee with a
disability might need help in an emergency:
– Give them individualized emergency response information
– Get their consent, then share this information with anyone
designated to help them in an emergency
– Review the emergency response information when:
– the employee changes work locations
– you review the employee’s overall accommodation needs
– you review your organization’s emergency response
policies
22. (f) Develop accommodation plans for
employees with disabilities
• You must develop individual accommodation
plans for employees with disabilities in a clear
and consistent way
• Accommodation plans are a formal way to record
and review the things you need to do to
accommodate an employee with a disability. They
need regular reviews and updates
• To develop accommodation plans in a clear and
consistent way, you may want to start by
outlining what you will consider when you need
to develop a plan
23. (f) Help employees with disabilities
return to work
• Many organizations in the province are required to support
employees who have been away from work because of a
disability
• Outline the steps you will take to help your employees
return to work when they:
– have been absent because of a disability, and
– need some form of disability-related accommodation to
return to work
• When you outline the steps you will take to help your
employees return to work, consider employees who have
temporary, recurring and permanent disabilities
• Determine whether your employees will need some form
of employment-related accommodation to effectively
return to work. If so, you also need to create an
accommodation plan
24. (g) Make performance management,
career development and job changes
accessible to employees
• Career development can include:
– providing your employees with learning and development opportunities, and
– giving your employees more responsibilities within their current positions
• You can make performance management accessible in many ways. For example,
you can:
– review your employees’ accommodation plans to understand their needs and
see whether you need to make adjustments to help them succeed
– make performance management documents, such as performance plans,
available in accessible formats, such as large print, when asked, and
– provide feedback and coach your employees in a way that is accessible to
them, such as using plain language for an employee who has a learning
disability
• When you provide career development opportunities, consider what
accommodations your employees with disabilities may need to:
– learn new skills, or
– take on more responsibilities in their current position
26. Your Hiring Process
• Employers will be required to provide
candidate assessment materials in an
accessible format
• Both the recruitment and onboarding
processes must be accessible
27. How You Manage
• Employers will be required to develop a range of
accessible, formal recruiting processes covering
return-to-work programs
• Employers will need to consider accessibility when
managing performance or re-locating staff resources
• Individualized workplace emergency plans may also
be required for disabled employees
• Budgeting and implementing these programs ahead
of the 2016 compliance deadline may be challenging
– it is important to consider these changes now
28. How You Communicate
• All employment-related information will need
to be made available in accessible formats
• Employers will be required to provide
information concerning a disabled person’s
performance of his or her job in accessible
formats
• These requirements may complicate an
organization’s communication processes
29. Your Organization’s Policies
• Employers will be required to develop a policy
statement accessible to the entire organization
• Policies must be developed to support this
statement
• Employees must be aware of these policies and
receive training
• When drafting a statement and accompanying
policies, it is important to ensure full compliance
30. Stuart E. Rudner
srudner@rudnermacdonald.com
647.255.3100
www.rudnermacdonald.com
Twitter: @CanadianHRLaw
LinkedIn: Connect with me, join the
Canadian HR Law Group and visit the Rudner MacDonald Page
Blog: Canadian HR Law
http://www.hrreporter.com/blog/canadian-hr-law
FaceBook: Rudner MacDonald Page
Google+: Canadian HR Law, Rudner MacDonald Page
YouTube: Rudner MacDonald channel
Editor's Notes
What is a “barrier”?
A barrier is anything that prevents a person with a disability from fully participating in all aspects of society (social, economic, employment) because of his or her disability. There are five types of barriers:
Attitudinal barriers are those that discriminate against people with disabilities.
Information or communications barriers happen when a person can’t easily understand information.
Technology barriers occur when a technology isn’t accessible or cannot be modified to support various assistive devices.
Organizational barriers are an organization’s policies, practices or procedures that discriminate against people with disabilities.
Architectural and physical barriers are features of buildings or spaces that cause problems for people with disabilities.
There are many kinds of visible and non-visible disabilities:
Visual disabilities reduce or limit a person’s ability to see clearly. There are varying degrees of vi- sion loss and most persons with vision loss are not completely blind.
Hearing loss includes persons who are deaf (profound hearing loss), deafened (became deaf later in life) and hard of hearing (some hearing loss). There are varying degrees of hearing loss.
Deaf-blind are persons who have a combined loss of hearing and vision.
Physical/mobility disabilities reduce or limit a person’s ability to move freely or use their hands. There are many types and degrees of physical disabilities. Physical/mobility disabilities also include persons who have a speech difficulty, or have arthritis and heart or lung conditions.
Mental health disabilities include anxiety disorders (i.e., phobias, panic disorders, obsessive-compulsive disorders) and mood disorders (i.e., depression, bipolar), as well as schizophrenia. There are many types and degrees of mental health disabilities and most are non-visible.
Developmental/intellectual disabilities involves a permanent limitation in a person’s ability to learn, socialize or take care of their everyday needs. The limitation can range from mild to profound.
Learning disabilities are non-visible and affect how a person acquires, organizes, expresses, retains, understands or uses verbal or non-verbal information. The wide range of these information processing disorders include dyslexia (problems in reading and related language- based learning), dyscalculia ( problems in mathematics), and dysgraphia (problems in writing).
LARGE organizations (50 or more employees)
2012
Provide workplace emergency response information and plans to employees with disabilities.
2014
Develop, implement and maintain policies that govern how they will achieve accessibility standards.
Develop, implement and maintain accessibility plans that outline strategies for meeting legislative requirements as well as removing existing barriers and preventing new ones.
Consider accessibility for people with disabilities when designing, procuring or acquiring self-service kiosks.
2015
Provide training to employees, volunteers and contractors about the regulation as well as the Ontario Human Rights Code as it relates to people with disabilities.
2016
Have HR policies and processes for:
• Accessible formats and communication supports.
• Recruitment, assessment and selection and informing employee of supports.
• Employees and accommodation.
• Employees returning to work.
• Performance management, career development, and redeployment (if provided by the organization).
2012
Provide workplace emergency response information and plans to employees with disabilities.
2015
Develop, implement and maintain policies that govern how they will achieve accessibility standards (not required to be written).
Consider accessibility for people with disabilities when designing, procuring or acquiring self-service kiosks.
2016
Provide training to employees, volunteers and contractors about the regulation as well as the Ontario Human Rights Code as it relates to people with disabilities.
2017
Have HR policies and processes for:
• Accessible formats and communication supports.
• Recruitment, assessment and selection and informing employee of supports.
• Employees and accommodation.
• Performance management, career development, and redeployment (if provided by the organization).
Example
Graham is one of several people who have applied for a job. When the Human Resources Department contacts him to schedule the interview, Graham asks that they allow him more time for his interview and test. Graham has dyslexia. It takes him a little longer to read information.
Processes for Recruiting and informing employees of supports:
Any recruitment postings will have a statement that accommodation is available for applicants with a disability. This applies to both internal and external postings.
Any applicants selected for an interview or further assessment are aware that they can ask for accommodation.
The company must consult with the candidate to come up with a suitable accommodation.
Any successful candidate who is offered employment is informed about the employer’s policy for accommodating employees with disabilities.
Any new employee is informed at their orientation about the employer’s policy for accommodating employees with disabilities.
The employer regularly communicates its policy on workplace accommodation to all employees, for example, at meetings, on bulletin boards and more.
Example
As part of her career development plan, Annaliese has agreed to take responsibility for inputting marketing data for her department. Her arthritis makes it difficult for her to use a conventional keyboard for long periods of time.
Annaliese and her supervisor have looked into alternate keyboards. They have found one that will meet her needs.
Example
Maurice has just found out that he needs dialysis several times a week. He and his supervisor have discussed how they can accommodate his medical appointments while still being able to get his work done.
They have agreed to an individual accommodation plan and have put it in writing. They will review the plan every month to make sure it is working for both of them.
Example
Solmaz has a mental health disability and gets anxious in crowds. She is worried that evacuating through narrow corridors with too many people could make her panic and put herself and other employees at risk. Solmaz talks to her manager. They walk the evacuation route and identify places where she could safely step out of the crowd if she feels anxious.
Individualizing Workplace emergency response programs:
Review your organization’s overall emergency response plan.
2. Check that those employees with existing accommodation plans also have individualized emergency response information, if needed.
3. Determine who else needs help and how to best meet their emergency response needs. Let all employees know about the process. Once an employee makes a request for accommodation, you must provide the information as soon as possible. Generally, employees with disabilities will request accommodation; however, in some cases, an employer may initiate a dialogue.
4. Provide emergency response information to employees in a format based on their accessibility needs. This is also part of the accessible formats and communications requirement of the Employment Standard.
5. Involve others. With the employee’s consent, ensure information is provided to those who will be helping that employee in an emergency.
6. Review emergency response information:
• when a new employee comes on board;
• when an employee moves to a different location;
• when an employee’s individual accommodation plan is reviewed;
• every time you review your general emergency response policies.
Note on #1: Small organizations will not have to develop an accessibility plan.
Note on #2: This requirement does not apply to the private sector.
Examples – making staff aware of your organization’s policies by using:
newsletters
emails
memos
your website
bulletin boards
staff meetings, and
one-on-one conversations.
WCAG 2.0 provides an international standard for website accessibility. WCAG 2.0 sets out guidelines that cover writing web content in clear language, providing alternative text for images, and making sure the site is navigable by just a keyboard.
There are three levels of accessibilty (A, AA, AAA) for each guideline with each level determined by a set of test criteria. WCAG 2.0 forms the basis for the accessible websites requirement of the Information and Communications Standard.
WCAG 2.0 has 12 guidelines organized under four principles:
PERCEIVABLE
Provide text alternatives for non-text content.
Provide captions and other alternatives for multimedia.
Create content that can be presented in different ways, including by assistive technologies, without losing meaning.
Make it easier for users to see and hear content.
OPERABLE
Make all functionality available from a keyboard.
Give users enough time to read and use content.
Do not use content that causes seizures.
Help users navigate and find content.
UNDERSTANDABLE
Make text readable and understandable.
Make content appear and operate in predictable ways.
Help users avoid and correct mistakes.
ROBUST
Maximize compatibility with current and future user tools.
For example, think about how you will:
involve employees in the development of their plans
assess the accommodation needs of your employees
protect the privacy of your employees’ personal information
tell employees why you would deny a request for an accommodation plan
provide plans in accessible formats, and
review and update the plans with your employees.
Facilitating a return to Work:
Large organizations must have a documented process and procedures for employees who have been absent from work due to a disability and require disability- related accommodations in order to return to work. This process will outline the steps the employer will take to help employees return to work, including the use of accommodation plans. Note: this does not override other return to work processes in other statutes.
Small organizations with fewer than 50 employees do not need a process for facilitating return to work under the Employment Standard.
You have the flexibility to help your employees return to work in a way that suits your organization’s culture and business practices. For example, you may already have a return-to-work practice in place. You can build on it to meet this new requirement.
You may already have accommodation plans for your employees with disabilities to help them do their current jobs. You just have to go a step further.
Job changes are when you move an employee to another position in your organization
Sometimes the change in job may involve more pay, responsibility and/or seniority. Some people call this advancement or a promotion. Organizations usually make these kinds of staffing decisions based on merit, seniority or both
In other cases, you may move an employee to another position or department as an alternative to a layoff. Some people call these types of moves redeployments or reassignments.
For example, training materials or other documents may have to be reformatted in large print for visually impaired employees. Or, organizations may have to ensure that online training courses have accompanying audio components.
Suggestions for Making Information Accessible
Printed or electronic document: read the document out loud or explain it; make a large print document; create a structured electronic file so people can read it with their assistive devices, like screen readers.
Technical or complicated information: use common words instead of jargon; break text into shorter sentences and paragraphs; use graphics to add meaning.
Graphic: include a written or verbal description.
Sign: use larger text, simple pictograms, strong colour contrast, and/or tactile elements.
Verbal or audio: make it visual — write it on a piece of paper, put it in an email or on a digital screen.
Video: add subtitles and/or video descriptions; provide a transcript;
consider an in-person presentation or conversation.
Telephone: use text-based technology such as email, texting or instant
messaging; use technologies designed for the hard of hearing like a teletypewriter (TTY) or a telephone relay service.
Presentation: share a copy of your presentation materials (e.g., PowerPoint slides or transcript); hire a sign language interpreter; use a microphone.
