1. DISABILITY IN THE WORKPLACE

2. OBJECTIVES
Introduce the Human Rights Act and the role it plays in employment situations
Examine the relationship between disability and employment, from job hunt to leaving a job
Review employee and employer rights, responsibilities, and requirements

3. Race Age Religious Beliefs Place of Origin Colour Marital Status
HUMAN RIGHTS ACT OF ALBERTA
Passed in 1966; amended many times since
“Protected Grounds” include:
Source:
Race
Age
Religious Beliefs
Place of Origin
Colour
Marital Status
Gender
Source of Income
Physical Disability
Family Status
Mental Disability*
Sexual Orientation
Ancestry

4. Employers cannot publish an advertisement which:
JOB POSTINGS
Employers cannot publish an advertisement which:
Expresses a limitation or preference that demonstrates discrimination on protected grounds
Requires applicants to provide information about protected grounds
Employers can (and should) publish an advertisement which:
Provides information that allows potential applicants to consider their own suitability for a job
Details key physical or mental requirements
e.g., “Successful candidate will be required to lift loads of up to 5 kg.”
e.g., “This job involves frequent exposure to high-stress situations.”

5. APPLICATIONS/INTERVIEWS
Employers cannot:
Ask questions which express a limitation or preference that demonstrates discrimination on protected grounds
Ask applicants to give information about their mental or physical health, or request a general medical exam*
Employers can:
Require a job-related medical exam once an offer has been accepted
In some cases, ask a question that might seem discriminatory if it provides information the employer needs in order to decide if an applicant would be suitable for the business purposes of a job
e.g., an employer seeking to hire a driver can ask questions about an applicant’s ability to see well enough to legally and safely drive

6. HIRING CHOICE Employers cannot: Employers can:
Ask applicants with disabilities to complete tests that demonstrate ability to do the job, unless all applicants are required to complete these tests
Employers can:
Make a decision to not hire someone on the basis of disability ONLY IF they can prove that disability notably increases the probability of health or safety hazards

7. TO DISCLOSE OR NOT TO DISCLOSE…
It is your choice to disclose or not to disclose to an employer EXCEPT when the disability may increase or cause a safety risk to yourself or others
Employers can’t accommodate disabilities they don’t know about
Disclosure can be done anytime: during the interview; after being offered the job; when in the job

8. ACCOMMODATIONS AT WORK
Duty to Accommodate:
“… an employer’s obligation to take appropriate steps to eliminate discrimination against potential employees. Discrimination may result from a rule, practice, or barrier that has a negative effect on a person with a need for accommodation based on grounds protected under the AHR Act. […] can begin when a job is first advertised and finish when the employee requiring accommodation leaves the job”
Types of accommodations:
Source:
Purchasing or modifying tools, equipment, or aids, as necessary
Using temporary employees
Making premises more accessible
Altering aspects of the job, such as job duties
Offering flexible work schedules
Allowing time off for recuperation
Offering rehabilitation programs
Hiring an assistant
Transferring employee to different job
Adjusting policies

9. EXCEPTIONS TO ACCOMMODATIONS
Practices or policies that would otherwise be discriminatory can be allowed IF related to a necessary requirement of the job
e.g., When hiring bus drivers, can exclude individuals with low vision or blindness
Once a standard or requirement has been shown to be discriminatory at first sight, “The Meiorin Test” is used to determine if it is reasonable and justifiable (also known as a “bona fide occupational requirement”)
If the required accommodation creates “undue hardship” for the employer, as defined by federal Human Rights legislation

10. THE MEIORIN TEST REQUIRES THE EMPLOYER TO PROVE:
The standard/practice is rationally connected to job performance
“What are the job’s objective requirements?”
“How does the standard relate?”
2. The standard/practice was adopted in good faith and with the honest belief it was/is necessary for the fulfillment of a legitimate purpose
“When and why was it introduced?”
“What considerations were made?”
3. The standard/practice is necessary to accomplish the employer’s purpose
“Is it impossible to accommodate without undue hardship?”
“Is there no less discriminatory way to accomplish the purpose?”

11. Employers are required to be creative in looking for other solutions
UNDUE HARDSHIP
Employers can also refuse to accommodate if it would cause “intolerable financial costs or serious disruption to business”
e.g., A small business with no elevator could consider it an undue hardship to install an elevator for an employee with a physical disability who, as part of their job, has to carry boxes upstairs
Employers are required to be creative in looking for other solutions
e.g., In the above situation, the employer would have to look at options such as switching that task to another employee

12. RIGHTS, RESPONSIBILITIES, AND ROLES IN ACCOMMODATION -- Disclosure
Employee
Employer
Ensure the workplace is free from discrimination and harassment related to protected grounds
Ensure accommodation is sought on protected grounds
Determine if a request received is based on protected grounds
Inform the employer of the need for accommodation
Provide the employer information (preferably in writing): - The reason accommodation is needed
- Evidence and supporting documentation (medical information explaining functional limitations and needs)
- Suggestions of appropriate accommodations
- The expected duration of the need
Respect the privacy of the person requesting accommodation
Listen to the needs and suggestions of the person seeking accommodation
Review information and documentation provided

13. RIGHTS, RESPONSIBILITIES, AND ROLES IN ACCOMMODATION- Employer Response
Employee
Employer
Allow reasonable time for a response
Reply to the request within a reasonable time period
Listen to and consider the options provided.
Accept reasonable accommodation, even if not the preferred option
Be willing to take substantial and meaningful measures to accommodate needs
Discuss options with the employee
If unsure a proposed option is reasonable, consult with an expert (e.g., HR consultant, lawyer, union rep)
Consult with experts to get more information and learn more
Be flexible and creative in finding options for accommodation
Take reasonable steps to accommodate up to the point of undue hardship

14. RIGHTS, RESPONSIBILITIES, AND ROLES IN ACCOMMODATION -- Finalizing
Employee
Employer
If the employer is claiming undue hardship, request details of costs or other factors causing the hardship
If full accommodation would be undue hardship, suggest options that partially accommodate needs
Make a formal written agreement with the employer about the accommodation
Make a formal written agreement with the employee about the accommodation
Cooperate to make the accommodation work!
Follow up to ensure the accommodation meets the needs of the employee
Advise the employer about any changes, and provide related documentation
Review and modify the agreement if circumstances or needs change
Be willing to review and modify the agreement if circumstances or needs change or if it is no longer working
Tell the employer if accommodation is no longer needed

15. MEDICAL LEAVE DOCUMENTATION
Employee responsibility:
Report absences as early as possible
Provide documentation when required by a collective agreement
Employers can:
Ask for medical information that confirms the employee is absent for medical reasons and provides an approximate return date
This information must be treated as confidential and protected as such
Employers cannot:
Request information that is NOT related to work and to the specific period of absence
Require a diagnosis (except in very limited circumstances)
Violate a collective agreement that is in place

16. MEDICAL ABSENCE AS A REASON FOR DISCIPLINE OR TERMINATION
Employers must follow Duty to Accommodate in regards to absences related to disabilities (permanent or temporary)
Find out necessary information
Work with employee to find solutions and accommodations

17. TERMINATION / SEVERENCE
Employers cannot:
Terminate an employee based on a protected ground without reasonable and justifiable reason
Employers can:
Terminate employment based on disability only when:
There are reasonable and justifiable grounds based on a bona fide occupational requirement; and
Every reasonable attempt at accommodation has been made and further accommodation is not possible without undue hardship

18. ALBERTA HUMAN RIGHTS COMMISSION
Provides free, confidential information in regards to human rights (including if you believe you have been discriminated against)
Confidential inquiry line (can find online)
TTY: (toll free )
Complaints to the commission must be made within one (1) year after the incident of discrimination