Accessible Employment Policy

Effective as of:

May 1, 2022

Introduction

The following policy statements, organizational practices and measures are in connection with the requirements of Manitoba’s Accessibility Standard for Employment.

This policy applies to all employees of C3P including part time and full time employees.

Definitions:

Assessment and Selection process means the process of hiring employees among the shortlisted candidates and providing them a job in the organization.

Barriers means, for a person who has a long-term physical, mental, intellectual or sensory impairment, anything that interacts with that impairment in a way that may hinder the person's full and effective participation in society on an equal basis. Examples of barriers are: a physical barrier; an architectural barrier; an information or communications barrier; an attitudinal barrier; a technological barrier; and a barrier established or perpetuated by an enactment, a policy or a practice.

Performance management is any process used by an employer to manage the work of individual employees or to plan, monitor and review an employee's work objectives and overall contribution to the employer's organization.

Recruitment process means the process where potential applicants are searched for, and then encouraged to apply for an actual or anticipated job vacancy.

Reasonable accommodation. For the purposes of this policy, an accommodation is reasonable if it:

1. is required for an applicant to access the materials or activities used in the assessment or selection process and would not result in undue hardship to the employer; or
2. is required for an employee to perform their employment responsibilities or access the benefits available to them, by virtue of their employment, and it would not result in undue hardship to the employer.

Pre-employment Accessibility Policy

1. Recruitment and selection

   Policy Statement:

   During the recruitment process, C3P will inform potential applicants that reasonable accommodations are available during the recruitment, assessment and selection process. C3P will reasonably accommodate applicants to the extent it is able to do so in the context of the desired accommodation and the position in question.

   Practices and Measures:

   • C3P will include a statement on all job postings that reasonable accommodations will be made available to applicants who disclose a disability and/or request an accommodation on account of such disability.
   • When an applicant makes a request for an accommodation during the assessment and selection process, we will:
     • consult with the applicant to determine the accommodation that is needed.
     • where a reasonable accommodation is possible C3P will put the accommodation in place for the assessment and selection process.

2. Inform selected applicants of the availability of workplace accommodations when offering employment.

   Policy Statement:

   When offering employment, we will inform selected applicants of our measures, policies and practices for reasonably accommodating employees with disabilities.

   Practices and Measures:

   We will include information about our measures, policies and practices for accommodating employees in:

   1. our offer letter to new employees;
   2. new employee orientation materials; and
   3. the initial meeting we have with new employees.

Accessibility Measures During Employment

1. Providing Information

   Policy Statement:

   We will keep employees informed about our accommodation measures, policies and practices for employees with disabilities and any updates related to those measures policies and practices. We will also provide workplace information and communications in ways that are accessible to employees (e.g., written, verbal, etc.).

   Practices and Measures:

   We will provide information to employees about our policies for employees with disabilities and any updates in multiple ways, such as:

   • posting information on the C3P Wiki
   • posting it on the physical notice board in the kitchen at 611 Academy
   • circulating information electronically by email in accessible formats
   • through verbal communications as applicable (for example, for an employee who has a visual impairment)

   If an employee with a temporary or permanent disability requests a different format, form, or communication that is not already provided, we will:

   • Consult with the employee to identify the accessible formats, or communication supports needed when providing information to the employee.
   • Make reasonable efforts to provide the employee with the necessary accessible formats, or communication supports needed when providing information to the employee.
   • Ensure that identified accessible formats or communication supports are used when providing information to the employee as required.

2. Accommodation Plans

   • 4.1.Request for an individualized accommodation plan and documentation in support of request

     Policy Statement:

     Employees may make a verbal or written request for an individualized accommodation plan to their direct supervisor or Director. C3P may request and gather additional information to assess the request.

     Practices and Measures:

     • Upon receipt of a request for an individualized accommodation plan, the employee’s supervisor or Director will forward the request to the Finance and Administration department for assessment.
     • C3P may request that the employee provide documentation from a health practitioner to support the need for the accommodation.
     • C3P may request, and cover costs for, an evaluation by an independent regulated health professional or other practitioner in the area of workplace accommodations for employees with disabilities.

   • 4.2.Employee Responsibilities Regarding Accommodation Plan

     Policy Statement:

     An employee who requests an accommodation plan, must, in good faith, cooperate in the establishment and implementation of the accommodation, and any related plan.

     An employee may request assistance in the development of the accommodation plan from a person who is knowledgeable in the area of workplace accommodations for persons disabled by barriers (at the employee’s own expense).

     Practices and Measures:

     The cooperation of the employee on the establishment and implementation of the accommodation and any related plan may include but is not limited to:

     1. providing C3P with any relevant information that may assist C3P in the assessment of the accommodation request, including any medical reports or reports by other practitioners in the area of workplace accommodations for persons disabled by barriers (where reasonably requested);
     2. complying with any plan, process or procedure put in place to carry out the accommodation and performing their work in accordance with the plan, process or procedure;
     3. providing C3P with feedback with respect to the requirements of the accommodation;
     4. participating in and cooperating with accommodation efforts on an on-going basis, including communicating with C3P if modifications to the accommodation plan, process or procedure are requested or if accommodation is no longer required;
     5. participating in an evaluation of the employee as requested by C3P, to assist C3P in determining what reasonable accommodation is required

   • 4.3.Employer responsibilities regarding assessment of accommodation requests, and preparation and communication of an accommodation plan(s) where warranted

     Policy Statement:

     C3P will assess all requests for accommodation on an individual basis, taking into account the nature of the disability, the accommodation requested, the operational impacts of the requested accommodation and any other relevant factors.

     Employees with disabilities who request and substantiate the need for an accommodation will be reasonably accommodated, and C3P will:

     • develop and document an individualized accommodation plans for such employees.
     • provide the affected employee with a copy of their accommodation plan in an accessible format consistent with the employee’s accommodation needs and upon request.

     Practices and Measures:

     The Finance and Administration department will assess the request on an individual basis taking into account the nature of the disability, the accommodation requested, the operational impacts of the requested accommodation and any other relevant factors.

     The individualized accommodation plan will include:

     • accessible formats and communication supports, if requested
     • workplace emergency response information, as required
     • details of how and when any other accommodation will be provided
     • when the plan will be reviewed

   • 4.4.Employer responsibilities regarding denial of a request for an accommodation plan

     Policy Statement:

     If a request for an accommodation plan is rejected, C3P will provide the employee with written reasons for denying the request, in an accessible format consistent with the employee’s accommodation needs and upon request.

     C3P may deny an employee’s request for an individualized accommodation plan in whole or in part if it cannot reasonably accommodate the request without undue hardship. Examples of situations in which that may occur include but are not limited to:

     • if the accommodation may create safety risks to other employees; or
     • a significant measurable financial or operational burden.

     C3P may also deny a request for an individualized accommodation plan if:

     • The employee is able to carry out most of the job without an accommodation;
     • The employee has not supplied documentation from the employees’ health practitioner that supports the need for the accommodation; and/or
     • The independent regulated health professional(s) does not support the employee’s self-assessed requirement for a workplace accommodation.

   • 4.5.Reviewing and Updating Accommodation Plan

     Policy Statement:

     C3P will review the accommodation plan on at least an annual basis with the employee and in combination with the yearly performance reviews. Supervisors/Directors will also review an employee’s individualized accommodation plan at least annually.

     C3P will update the accommodation plan as needed, particularly if:

     • the employee’s workspace is modified or relocated
     • the employee’s responsibilities have changed
     • other workplace changes have occurred that affect the accommodation
     • the employee has made a request to review and update the accommodation plan

     C3P or the employee may request a review of an accommodation plan earlier than the review period by informing the other of a desire to review.

     Practices and Measures:

     • In conjunction with the yearly performance review process, an employee’s accommodation plan will be reviewed by C3P, the employee’s Supervisor/Director, and the employee.
     • If C3P requests or the employee wishes to provide additional or updated information to support the continued need for all or any part of the accommodation plan, or any adjustments to the accommodation plan, C3P and the employee shall follow the Policy Statements, Practices and Measures set out in section 4.1 and 4.2.
     • The Practices and Measures set out in section 4.3 and 4.4 shall be followed as applicable in respect of the granting or rejection of any changes to, or extension of, the accommodation plan.

3. Performance management

   Policy Statement:

   C3P’s performance management process will take into account:

   • that an employee has a permanent or temporary disability in circumstances where that disability has been identified to C3P;
   • an employee's individualized accommodation plan, as revised from time; and
   • that the accommodation provided for an employee may not fully address one or more barriers.

   Should there be opportunities for internal advancement, C3P will take into account that an employee may have a temporary or permanent disability; and face barriers.

   Practice and Measures:

   • Periodic Review. C3P will meet with staff who have an accommodation in place periodically in the first year of employment and at least once annually to discuss progress, goals and challenges. At such time, existing or newly required workplace accommodations, including individualized accommodation plans and any assistance required during emergencies, will be discussed.
   • Modification. Modifications to existing workplace accommodations may be made by C3P if it is reasonable to believe they may help improve the performance of an employee with a disability. Any such modifications will be made in a manner that is consistent with the Policy Statements, Practices and Measures set out in section 4.1, 4.2 and 4.3.
   • Discipline. Prior to imposing disciplinary measures tied to performance, C3P will consider whether there is a connection between the job performance concerns, any barriers that may exist for the employee, and the need for an accommodation.

4. Put return to work processes in place

   Policy Statement:

   C3P recognizes that employees who are, or have been, absent from work due to a disability or health condition, may require reasonable accommodations to return to work.

   To determine the accommodations necessary to facilitate the return to work of an employee who has been absent due to a disability or health condition, we will employ the practices and measures below.

   Where there is an identified and substantiated need to modify employees’ duties and work schedule based on their functional abilities, we will endeavour to reasonably accommodate with the aim of a return to full duties and/or a regular work schedule over time.

   Practices and Measures:

   • The Director of Finance and Administration and/or an HR representative will keep in touch with absent employees and the Workers Compensation Board of Manitoba (WCB) (where involved) throughout the employees recovery.
   • C3P will follow WCB’s return to work process.
   • When planning for an employee’s return to work, C3P will confirm the employee’s current abilities, which may include asking the employee’s health care professional to complete a functional ability form.
   • Return to work plans will be made in accordance with the needs of the employee, the available resources of C3P, the operational needs of C3P, and what is reasonable in the circumstances.
   • Return to work plans will include: how and when accommodations will be provided, and how and when the plan will be reviewed.
   • C3P will seek to offer meaningful and productive modified or alternate duties that are safe, within the employee’s functional abilities, and meet C3P’s operational needs. Where applicable, C3P may offer transitional work duties to enable the employee to gradually return to their original duties.

5. Provide workplace emergency response information

   Policy Statements:

   We will notify all employees of steps to be taken during emergencies to ensure the safety of all employees, including those who have a temporary or permanent disability. We will ensure workplace emergency response information is specific to each employee's needs and the physical nature of the employee's workspace.

   Once we learn an employee requires assistance during a workplace emergency, we will offer the employee individual workplace emergency response information as soon as practicable.

   We will review the individual workplace emergency response information provided to an employee each time:

   • the employee is moved to a different workspace; or
   • the employee's workspace is modified.

   If C3P reviews its general emergency response plan (meaning the response plan for everyone generally) and makes changes that would affect an employee's response to an emergency in the workplace, then C3P will adjust any individual workplace emergency response information accordingly.

   If an employee who receives workplace emergency response information requires the assistance of another person during an emergency, we will obtain consent from the employee who will assist, and we will provide that person with the information needed to assist. Any information provided to the person who will assist will only be provided with the consent of the employee who requires assistance and in accordance with paragraph 8 below.

   Practices and Measures:

   • C3P sends out an annual memo to all employees to inquire whether they need assistance during an emergency and to remind them of the office or building’s emergency plan.
   • General accessibility and any potential barriers in the workplace shall be included as standing items for the Workplace Safety and Health meetings.
   • The fire marshal in an employee’s work area will ensure communication with the employee with a disability and their designated support person during the emergency by phone or other suitable method of communication.
   • The person acting as fire marshal will notify the fire department about the number and location of employees who remain in the building after evacuation.

6. Maintain privacy

   Policy Statement:

   In fulfilling its duties under this policy, C3P will only collect, use, and disclose information as required for the purposes of the Accessible Employment Standard, and/or workplace safety and health legislation except as may be otherwise agreed to by the employee.

   C3P will also abide by the requirements of other applicable privacy legislation, including The Personal Health Information Act (Manitoba).

   Practices and Measures:

   C3P will protect employees’ personal information and personal health information at all times by taking the following steps:

   • Only those who have a need to know the information (e.g., the Director of Finance and Administration, the employee’s supervisor/Director, and/or the person providing the employee assistance during an emergency) will be provided with or have access to the employee’s personal information under this policy.
   • All sensitive personal information (e.g., reports from a health professional) collected under this policy will be kept in a secure location that can only be accessed by the Director of Finance and Administration, an HR representative, the employee’s supervisor/Director, or the Executive Director.

7. Provide training

   Policy Statements:

   C3P will provide training on how to accommodate employees with a disability to staff with the following responsibilities:

   • recruiting, selecting or training employees
   • supervising, managing or coordinating the work of employees
   • promoting, redeploying or terminating employees
   • developing and implementing employment policies and practices

   Training content includes:

   • how to make employment opportunities accessible to people with disabilities
   • how to interact and communicate with applicants or employees who face barriers, use assistive devices, or are assisted by a support person or service animal
   • an overview of The Accessibility for Manitobans Act, The Human Rights Code (Manitoba), and the Accessible Employment Standard
   • our organization’s accessible employment policies, practices and measures, including updates or changes

   Practices and Measures:

   • C3P will train new employees and management as soon as reasonably possible after the person is assigned duties described above.
   • C3P will provide additional training if there are any updates to policies, practices and measures to this Policy.
   • The Director of Finance and Administration and an HR representative will maintain records of who has taken training and when, along with a summary of the content of the training.

8. Keep a written record of accessibility and training policies

   Policy Statements:

   We will let the public know that our policies are available upon request and we provide these in a format that is accessible for the user.

   Practices and Measures:

   We will let the public know that our accessibility and training policies are available in the following ways:

   • posted on website
   • through employees, volunteers or management (in person, by phone or through recorded greetings)
   • posted on the notice boards at C3P’s offices

   We will provide our policies within a reasonable timeframe, and in a format that meets the needs of individuals with a disability.

   This document is available in alternate formats, upon request.