ARCH Disability Law Centre

Accommodation Policy

Date Originally Passed by Board:         January 26, 2007

Review (R) /Amendment (A) Dates:      April 28, 2020/October 17, 2023

Next Scheduled Review Date:                October 2026

1.0         Purpose

ARCH Disability Law Centre is committed to creating an inclusive and accessible working environment in which all employees, students, volunteers and board members are treated with respect and dignity and where each Individual has fair and meaningful access to opportunities, free from systemic or other barriers. ARCH is further committed to creating a professional, open atmosphere, which promotes equal opportunities, prohibits discriminatory practices and fosters a culture of inclusion.

ARCH’s accommodation policy is to be applied in accordance with the Ontario Human Rights Code.    

The purposes of this policy are to:

1. Express commitment to the general principles that ARCH will seek to adhere to with respect to accommodation; and
2. To set out general procedures that ARCH will seek to adhere to with respect to accommodation.

2.0         Scope 

This policy applies to all ARCH employees, students, volunteers, independent contractors, and board members, as well as individuals applying for employment, student, volunteer and board positions with ARCH (“the Individual”).

The duty to accommodate applies to all protected grounds of discrimination under the Ontario Human Rights Code: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, gender identity, gender expression or disability.

3.0         Policy Statement:

ARCH is committed to providing individualized accommodation short of undue hardship, and to undertake periodic systemic accessibility reviews.

ARCH recognizes that accommodation involves:

• Respect for the dignity of each individual in accommodating their needs.
• Fostering an atmosphere of inclusion that encourages open communication around accommodation needs and issues.
• Personalized consultation and communication, as each individual has unique needs, which must be understood in order to be accommodated.
• Participation and co-operation of the individual seeking accommodation as an essential part of the process.
• That the provision ofaccommodation to an individual is an ongoing and evolving process.
• Respect for privacy is fundamental.
• Accessible and universal design is considered wherever possible to fully include persons with disabilities.
• Prevention, identification and removal of attitudinal and systemic barriers.

4.0      Process

4.1       Responsibilities in the Accommodation Process:

The Individual seeking accommodation can communicate their need for accommodation to their supervisor, the Office Manager, the Board Chairperson in the case of Board Members or the Executive Director to engage the accommodation process. Such requests shall be referred to the Executive Director for final approval.  The Individual is encouraged to be as open as possible about their need for accommodation.

Because accommodation is often a personalized process, it is the obligation of the Individual seeking accommodation to participate in good faith and as fully as possible in identifying the barrier and potential solutions to overcoming it. 

ARCH may ask the Individual to provide objective information to support an accommodation request. Throughout the process ARCH will endeavour to protect the privacy of the Individual seeking accommodation and maintain confidentiality regarding any personal information obtained. To protect the interests of the Individual seeking accommodation, the person or persons responsible for considering the request under this policy, will request only information that is required to provide the accommodation.

In circumstances where the accommodation is evident or impacts on organizational practices, ARCH and the Individual will endeavour to agree upon how the accommodation will be communicated to others at ARCH.

There may be circumstances where a person is unable to seek out, identify or communicate a request for accommodation. In circumstances where a need for accommodation is clearly evident, it may be appropriate for ARCH to make inquiries and offer assistance even in the absence of an accommodation request.

ARCH will deal with the accommodation request in a timely way. All parties to the accommodation process have an obligation to co-operate in considering reasonable alternatives if the requested accommodation cannot be satisfied.

4.2       Elements of Accommodation Process:

The following are key elements of ARCH’s accommodation process. They are intended to ensure timely and effective outcomes.

1. All recruitment materials shall include a statement that accommodations are available on request to all candidates taking part in all aspects of the selection process. 
   1. Prior to interviewing a prospective employee, student, volunteer or board member, ARCH will inquire whether the Individual being interviewed requires accommodation for the interview. 
   1. After ARCH offers the employee, student volunteer or board member a position, ARCH will inquire whether the Individual requires accommodation to participate at ARCH. A record of this communication will be stored in the Individual’s Personnel file or equivalent.
   1. At any point during their time with ARCH, if an Individual requires accommodation in order to continue to participate equally at ARCH, they shall make an accommodation request to their supervisor, the Office Manager, or the Executive Director as per 4.1
   1. A record of the accommodation request, any information supporting the request and agreed upon accommodation plans will be documented in writing. This documentation will be stored in a confidential electronic accommodation file maintained by the Office Manager for each individual seeking accommodation.  It can be reviewed by the Individual concerned, the Executive Director and the Personnel Committee when conducting a review.
   1. Accommodation is a collaborative process between the Individual seeking accommodation and ARCH where open communication is encouraged in order to best provide for the accommodation needs.
   1. The Individual, along with the Office Manager and/or the Executive Director shall:
      1. Act in good faith, participate in discussions regarding potential accommodation options and co-operate in sharing necessary information.
      1. Identify and analyze existing barriers to performance or participation.     
      1. Define the accommodation objectives (based in principles of accommodation recognized in law including bona fide occupational requirements)
      1. Investigate, review and select accommodation options, including if necessary, trial periods of accommodation. 
      1. Seek as appropriate accommodation expertise, information or advice from a third party in order to develop an accommodation plan. Consent will be obtained from the Individual prior to the disclosure of any personal health information to a third party. The costs associated with any third party accommodation expertise, information or advice shall be paid for by ARCH and any report obtained from the third party will be shared with the Individual seeking the accommodation.
      1. Develop, document and implement the accommodation plan.
      1. Follow-up and evaluate the effectiveness of the accommodation.
   1. A periodic review of the Individual’s accommodation needs will be conducted by the Office Manager and/or the Executive Director, along with the Individual.    
   1. The Executive Director will make their accommodation request to the Chair of the Board. The Chair, in their discretion and in consultation with the Executive Director, may include the Chairs of the Committees of the Board in making a decision.  The Chair will be responsible for the development, implementation and review of the Executive Director’s Accommodation Plan with appropriate staff support.

4.3       Internal Review Process:

1. The Board of ARCH appoints the Personnel Committee to deal with the internal review process.  The Executive Director is an ex officio member.
2. An Individual who believes they have not been effectively accommodated can request a meeting of the Personnel Committee in writing to the Executive Director. This request shall be made promptly subsequent to the decision of the Executive Director that the Individual considers to be an unsatisfactory accommodation. 
3. The Personnel Committee shall determine the process it wishes to adopt for the review after seeking input from the Individual and the Executive Director. It shall endeavour to resolve the problem and failing a successful resolution shall make a determination of what accommodation ARCH can provide the Individual.  It shall do so as promptly as is possible in the situation. This decision is the final decision from ARCH. 

4.4               Ontario Human Rights Code

                 Nothing in this policy prevents an Individual from seeking recourse under the Ontario Human Rights Code.

4.5             Systemic Accommodation/Accessibility

ARCH understands that discrimination is often systemic and is committed to undertaking a critical examination of its own practices and taking positive measures to ensure that employment and participation opportunities with the clinic are available without discrimination.

ARCH will ensure that all staff, students, volunteers and board members are aware of the value of accommodation, as well as the content and the scope of this policy.

If an Individual has a concern regarding accommodation/accessibility issues, they can request a meeting with the Personnel Committee.

5.0        Policy Review

The Personnel Committee will review this policy every three years, or on an as needed basis.