Workshop on Duty to Accommodate Policy

Section 4: The Accommodation Process

In this section we will:

• introduce one model to guide the accommodation process;
• provide policy guidelines to support this model;
• identify in each step where we need to pay the most attention.

I. The Accommodation Process Model

The Accommodation Process is similar to other effective decision-making models. Accommodation relies on good leadership, good communication, openness, creativity, flexibility, and emotional intelligence on the part of all people involved. The following model will help illustrate the flow of the accommodation process.

Annex A Guideline:

"Departments and agencies should develop their own internal procedures for dealing with accommodation requests, including mechanisms for resolving situations where accommodation is denied. All candidates and employees should be advised of such procedures."

Figure 1: Accommodation Process Model – Text version

Also see the Personnel Psychology Centre (PPC) of the PSC "Guidelines for Assessing Persons with Disabilities," for details and additional ideas on the accommodation process www.psc-cfp.gc.ca/ppc/disability/chap_1_e.htm

II. Steps In The Accommodation Process:

Throughout The Process: Create an inclusive work environment

An inclusive work environment is based on mutual respect and trust, so that challenging issues can be identified without fear of reprisal or embarrassment, and dealt with professionally. An inclusive work environment depends on intentional barrier-free designs, creative solutions to address individual accommodation needs, and clear, timely communication aimed at maximizing the performance of all employees, including those with disabilities.

Annex A Guidelines:

"The Treasury Board and the Public Service Commission are committed to an inclusive and barrier-free work environment in which all persons have equal access to opportunities in the federal Public Service and appointments are based on merit. Creating such a work environment requires that differences are accommodated before the merit assessment is undertaken and that assessment and evaluation tools are inclusive and barrier-free. (and) The corporate culture of a department or agency can ensure that persons with disabilities feel welcome in that environment. Training should be made available to managers and others, such as selection board members, on the duty to accommodate."

Whenever possible, a department should plan the design or redesign of a system or a procedure or a physical facilities with as many types of people as possible in mind. This could avoid having the trouble and/or expense of rectifying systems later. Departments may wish to consult with experts and with persons with disabilities either through the department's committee for persons with disabilities or by contacting an appropriate association in the community.

See TBS web site: www.tbs-sct.gc.ca for the publication, Creating a Welcoming Workplace for Employees with Disabilities and TBS Topic A-Z, "Inclusiveness" www.tbs-sct.gc.ca/tbsimScripts/topic-sujet-list-eng.asp?ID=418&view=expand

and CHRC  Publications, A Place For All - A Guide to Creating an Inclusive Workplace; and A Guide to Screening and Selection in Employment www.chrc-ccdp.ca/discrimination/place_for_all-en.asp

Step 1. Recognize the need for accommodation

To recognize a need, employers, employees and potential employees must be ready to listen to each other respectfully and be watchful for signals that may indicate that an accommodation is required. Often people are uncomfortable in identifying that they have accommodation needs for fear of identifying as someone with a disability. This can lead employers to think that there is no issue or no urgency in responding. Often the issue gets raised due to changes in behavior or performance, and we have to be aware that the cause of the change may well be due to a need for accommodation.

This demands an awareness by all people involved of:

• the thoughts and feelings that are aroused in us when a person needs or requests an accommodation;
• the interpretations and assumptions that we may make about the other people or the situation, and that need to be checked out before we act;
• our own needs and the needs of others who may be affected by the accommodation.

a) Expectations of The Person Needing Accommodation

People who face a disadvantage caused by the facilities, equipment, application of a rule or practice may need accommodation in order to overcome this disadvantage. A request for accommodation need not be in writing, but should be communicated as clearly and specifically as possible. For example:

• Explain why the accommodation is required;
• Be specific about our need for accommodation. Exactly what barrier or disadvantage do we need to overcome to be able to perform to our potential (for example, to be able to read the computer screen more easily and quickly?);
• Indicate approximately how long the accommodation will be required, if known;
• If available, support the request for accommodation with evidence or documents -such as written statements from health care providers. (If there are concerns for confidentiality, contact the PPC);
• Recommend any appropriate accommodation measures.

Annex A Guideline: "To implement employment equity, the federal Public Service encourages and promotes members of designated groups to identify themselves. However, an employee does not have to self-identify as a person with a disability in order to be accommodated or to have accommodation offered to him or her. The self-identification process is voluntary and the information obtained from it is confidential. No one can be forced to self-identify to receive accommodation or after he or she has been accommodated."

b) Expectations Of The Employer (or Service Provider)

If the employer receives a request for accommodation, he/she should:

Be aware that the onus to accommodate is on the employer or service provider, once a request is received;

Make time to listen to and really understand the needs of the person seeking accommodation and consider their suggestions for accommodation;

Review any evidence that the person seeking accommodation provides to support the request for accommodation, for example, medical documents;

Be willing to take substantial and meaningful measures to accommodate the needs of the person seeking accommodation.

Annex A Guideline: "A request for accommodation need not be in writing, but should be communicated as clearly and specifically as possible. The person to whom the request has been directed should do the following.

1. Determine the type of accommodation required, based on information provided by the candidate or employee. 
2. If the candidate or employee does not know what type of accommodation is required, consult experts in the field to determine the appropriate accommodation. This could include the person's own physician, psychologist or centres of expertise within the Public Service Commission or the accommodating department. 
3. Provide the accommodation based on the request of the person being accommodated, or, if necessary, on the advice of experts."

The employer is also expected to offer accommodation if they are uncertain about a person's need for accommodation, or have become aware of changes in behavior and performance that could indicate a need for changes.

Annex A Guideline: "The accommodation process should be as uncomplicated as possible and should respect the dignity and privacy of the person being accommodated. This can be accomplished if, at the time any person applies for a position, he or she is asked whether or not accommodation is required. The inquiry should be made again at the time of appointment or at the beginning of any other staffing process." (and)

"Under certain circumstances, employers may be required to offer accommodation to an employee even though the employee has not requested accommodation. Such situations should e handled with the utmost consideration for the privacy and dignity of the employee and managers may wish to obtain confidential, expert advice from within their departments or from the Treasury Board Secretariat or the Public Service Commission before proceeding."

Step 2. Gather Needed Information

Before any decisions are made, relevant information must be acquired so that decisions are made to ensure the most appropriate accommodations under the circumstances are provided.

a) About The Work Environment

An assessment of the job and the work environment will often reveal where the causes of the barriers are, and where the most effective, practical and cost-efficient changes can be made. Assess:

• the current job of the person needing accommodation and how it can be modified;
• current policies and practices (for example, an office policy that prohibits eating or drinking at an employee's desk may be modified if the person is diabetic);
• the facilities and equipment.

b) About The Person Needing Accommodation

More information may be required on the person needing accommodation and the limitations and impacts that their disabling condition has on their work.

The Personnel Psychology Centre (PPC) of the PSC has the Guidelines for Assessing Persons with Disabilities, available on the PSC website at: www.psc-cfp.gc.ca/ppc/disability/chap_1_e.htm

Appendix A Guideline:

"Persons requesting accommodation may be asked to provide documentation from a qualified health care professional to clarify the limitations caused by the disability and/or the type of accommodation that would be most effective.

Any medical records provided should be kept strictly confidential and separate from personnel files. Requests for this type of information should come from personnel designated to deal with accommodation requests and trained to handle potentially sensitive medical information."