Employee Accommodation Procedure

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Policy Number: HR 312 Policy Title: Employee Accommodation  
Supersedes Existing Policy? N Policy Owner: Vice-President, People and Culture 
Associated Policy: Y Date Last Approved by the CET: October 12, 2022 
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1. Introduction and Purpose

Loyalist College is committed to providing an accessible learning, working, and living environment that is inclusive of all persons and supports all members of the Loyalist community in an equitable manner.

This procedure sets out the process for accommodation of employees at Loyalist College to ensure fairness and consistency.

2. Application

This procedure applies to all staff directly hired by Loyalist College.

3. Definitions

Accommodation: adjusting an individual’s work environment to ensure that people with needs related to the Ontario Human Rights Code (the Code) have equal opportunities, access and benefits. Accommodation is necessary to address barriers in society that would otherwise prevent people from fully taking part in, and contributing to, the College community.

Disability: covers a broad range and degree of conditions, some visible and some not visible. A disability may have been present from birth, caused by an accident, or developed over time. There are physical, mental and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, drug and alcohol dependencies, environmental sensitivities, and other conditions.

Undue Hardship: The Code prescribes only three considerations when assessing whether an accommodation would cause undue hardship:

  • Cost;
  • Outside sources of funding (if any); and
  • Health and safety requirements (if any).
4. Responsibilities
  • Employee’s Responsibilities
    • Notify the supervisor that the employee is requesting accommodation in order to perform the essential duties of the job.
    • Seek and provide relevant documentation confirming the need for accommodation and outlining any restrictions/limitations that need to be accommodated.
    • Participate and cooperate in the development of the accommodation plan.
    • Request the attendance of a union representative, if desired.
    • Provide updated documentation as restriction and/or abilities change, or as requested by Loyalist College.
    • Participate in any future reviews and updates.
  • Supervisor’s Responsibilities
    • Notify People & Culture of an employee’s request for accommodation.
    • Participate and cooperate in the development of the accommodation plan.
    • Monitor and evaluate progress through the accommodation plan.
    • Maintain confidentiality of all employee information. Any disclosure of information must be accompanied by a written consent from the employee.
    • Review the accommodation plan in consultation with People & Culture and the employee, to update and revise as needed.
  • People & Culture’s Responsibilities
    • Assist in the development of an individual accommodation plan.
    • Request that the employee be evaluated by a medical or other expert if required and at the employer’s expense, to assist in determining appropriate medical accommodation.
    • Maintain confidentiality of all employee information, unless written consent is obtained from the employee or disclosure is necessary to achieve the accommodation, in which case the employee shall be consulted first.
    • Review the accommodation plan in consultation with the supervisor and the employee to update and revise as needed.
    • Provide accommodation plan in an alternate format, if requested.
  • Union Representative’s Responsibilities
    • In cases where an accommodation may impact the rights of other employees in the bargaining unit or impact provisions in the collective agreement, the employee’s union must be involved.
    • If requested, the union representative will assist the employee in understanding the accommodation process and attend all meetings with the employee to discuss accommodation.
5. Accommodation Process

5.1 An employee will notify their supervisor or a People & Culture team member that they require an accommodation in order to perform the essential duties of their job.

5.2 If an employee notifies their supervisor, the supervisor must contact immediately the People & Culture team for proper follow-up. For medical accommodation request, the supervisor must contact the Manager of Total Compensation. For a non-medical-related accommodation request, the supervisor must contact their People & Culture Advisor.

5.3 Individuals requesting accommodation may be asked to provide verifiable information to assist management in understanding needs, limitations and obligations. This documentation is required to support and best develop an Accommodation Plan.

The documentation must:

  • Confirm that the employee is unable to performing some or all duties of their current job for reasons that are protected under the Code.
  • Outline the specific restrictions and limitations that need to be accommodated.
  • Identify the expected duration of the need for accommodation.

5.4 Upon receipt of all the required information, a written Accommodation Plan is developed to detail the roles and responsibilities of the parties and to facilitate accountability and regular updates.

5.5 In some cases, additional documentation may be required. In such situations, the Manager, Total Compensation and/or the disability management company will request a report from the employee’s physician, medical specialist or other health care provider. Where such requests result in insufficient information to determine appropriate accommodation measures, the College may require the employee to undergo an independent medical examination. In this case, the employee will be asked to sign a consent document to permit the release of relevant information. The College will cover the cost associated with the request of additional request for medical documentation.

5.6 People & Culture will determine if an accommodation is to the point of undue hardship for the College.

6. Follow-up

When an accommodation process is completed, ongoing monitoring or reassessment is best done by having periodic accommodation meetings as often as is necessary based on progress. Any party can request a meeting at any time. The supervisor or the employee can contact People & Culture if they believe there are ongoing concerns, or if restrictions/limitations have changed. Updated documentation may be requested on a periodic basis to support ongoing accommodation requests or if new limitations/restrictions are needed. This procedure is subject to, and shall be applied in accordance with, all applicable collective agreements, Loyalist policy and current legislation.

7. Confidential Information

7.1 Employees requesting accommodation will only be asked for information and supporting documentation required to support the request. All accommodation information will be treated as personal/sensitive information.

7.2 Information related to an employee’s accommodation requests shall be kept in a secure file.

7.3 Personal information concerning an employee’s medical condition or accommodation will not be disclosed without the prior written consent of the employee and must be managed in a manner that is consistent with the Freedom of Information and Protection of Privacy Act.

7.4 Only relevant stakeholders will be involved in the development of an employee’s accommodation plan.

7.5 Where the accommodation process requires the disclosure of confidential information to a third party (such as a disability management company), the third party and any person or department delegated by that third party shall be required to ensure that confidentiality is protected, that the information obtained is kept in a secure location and is used solely for the purpose for which the disclosure was required.

9. References