Accessible workplaces: legislation and best practices

People with disabilities deserve full and equal participation in society, and to work with dignity. Prioritizing accessibility removes barriers to joining the workforce. 27% of Canadians aged 15 and older live with a disability, and this number continues to grow. In Canada, only Ontario and Manitoba require nonprofits to comply with accessibility legislation. 

Disabilities are a very broad category. They can be physical, mental, or related to learning and other brain functions. Disabilities can be visible or invisible. They can be temporary, episodic, or permanent. Two people with the same disability can be affected in different ways, to different extents, and require different supports. By the same token, a person’s disability can fluctuate over time. For example, a person might use a cane to walk some days, but not others.

Accessibility legislation in Canada

All nonprofits must comply with the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act. Both prohibit discrimination based on disability in the workplace. Some provinces have accessibility legislation that specify how to address barriers for those with disabilities.

The Accessible Canada Act (ACA) currently only applies to federal organizations.

Ontario and Manitoba have rolled out accessibility legislation that outlines specific rules for nonprofits of all sizes. 

• Ontario – Accessibility for Ontarians with Disabilities (AODA) 
• Manitoba – Accessibility for Manitobans Act (AMA)

These provinces has accessibility legislation that may apply to private sector organizations in the future:

• British Columbia – Accessible British Columbia Act
• Newfoundland and Labrador – Accessibility Act 
• Nova Scotia – Accessibility Act
• Quebec – Act to Secure Handicapped Persons’ Rights

Alberta, New Brunswick, Northwest Territories, Nunavut, Prince Edward Island, Saskatchewan, and Yukon do not currently have any accessibility legislation at the provincial level.

Duty to accommodate

Employers have a legal responsibility to make reasonable accommodations for employees with disabilities, as long as they don’t put an undue hardship on the employer. Reasons for undue hardship can include excessive cost, a health or safety risk or affecting an organization’s core operations. Assess accommodation requests on a case-by-case basis, and document why an accommodation is found to cause undue hardship. 

Examples of reasonable accommodations:

• Removing non-essential job duties.
• Adjusting a dress code for medical needs.
• Allowing remote work whenever possible.

Examples of undue hardships:

• Re-assigning job duties in a way that unfairly burdens other employees.
• Financial burden, such as installing an elevator in a small organization’s office.
• Adjusting dress codes when it would pose a safety risk (e.g. allowing open-toed shoes in a hazardous environment).

As an employer, you may request information that you need to consider and implement an accommodation. This may just be a conversation with the employee, or you may need medical documentation. The employer must cover any costs associated with obtaining medical documentation. 

When assessing an accommodation, respect an employee’s privacy by framing the conversation in terms of the job’s requirements. Do not ask employees for their specific diagnosis or any details not relevant to the accommodation request.

Duty to inquire

Employers have a duty to check in with an employee who struggles with job responsibilities that previously weren’t an issue. This is called the duty to inquire, and ensures that employees have an opportunity to receive support, especially if their challenges are related to a disability.

When checking in, do so in a way that doesn’t feel intrusive or make assumptions on what the other person is experiencing. Instead, you might share that you’ve noticed there’s been some changes and open a dialogue on any supports or accommodations they might need.

Accessibility best practices

Building accessibility into your organization from the start creates a more inclusive work environment. This is by no means an exhaustive list of best practices, but offers you a starting point to make the workplace more accessible for those who are hard of hearing, have low vision, or have mental health challenges.

Accessibility audits

Employees with disabilities often encounter a range of barriers that limit their participation in the workplace. Evaluate your organization for barriers to participation so that you can develop a comprehensive plan to address them. Depending on the nature of your work, you may find some standards more relevant than others. You may like to consult:

• Accessibility Standards Canada’s Employment Standards address barriers around recruiting, communication, performance management, and individual accommodation plans and emergency response plan
  
• Web Content Accessibility Guidelines (WCAG) to ensure employees and job candidates can easily access relevant information
• Universal Design for Learning (UDL) to support staff learning and professional development

These standards offer a starting point for nonprofits to address common barriers to accessibility in the workplace. Barriers can be attitudinal, physical, or related to communication or technology. 

Attitudinal barriers stem from people’s misconceptions, biases or lack of awareness. Examples include:

• Assuming that someone can’t perform a task at work, instead of asking them.
• Believing that accommodations are “special treatment” rather than a right.
• Doubting invisible disabilities, such as thinking someone is faking their disability.

Physical barriers limit an employee’s access within their workplace. Examples include:

• Poorly maintained sidewalks leading to a workplace, such as missing curb ramps.
• Poor lighting – dim lighting affects those with low vision, while fluorescent lighting affects those with light sensitivity or sensory issues.

Communication barriers are challenges in sharing and receiving information. Examples include:

• Writing in complex or jargony language in employee communications or policies.
• Important documents not available in large print or Braille.

Technology barriers affect access to digital tools. Examples include:

• Company website or employee portal is inaccessible to people who use screen readers.
• Two-factor authentication and other time-sensitive systems that time out too quickly.

Recruitment

• Write job postings in plain language
• Remove non-essential job functions (e.g. lifting requirements for desk jobs)
• Include an accessibility statement that invites applicants to request accommodations for the recruitment process
• Send interview questions ahead of time so that applicants can prepare

Workplace policies

• Offer a flexible work policy allowing employees to work from home 
• Make it easy to access assistive technology on office laptops and computers, such as speech-to-text software and screen magnifiers
• Communicate clearly to employees your commitment to accommodating disabilities, and the process for requesting accommodations

Training

• Train employees to understand disabilities and addressing stigma and barriers around disabilities in the workplace
• Include accessibility and people with disabilities as a consideration in broader JEDI (justice, equity, diversity, inclusion) or ARAO (anti-racism, anti-oppression) training

Conducting meetings

• Include closed captioning for videos and meetings
• Schedule regular breaks into longer meetings
• Incorporate content accessibility practices into documents and presentations 

Physical environment

• Reduce room echo with sound-absorbing materials to help hearing aid users
• Offer alternative lighting to overhead fluorescent lighting, such as lamps or dimmers
• Make sure hallways are wide and office spaces aren’t overcrowded

Mental health 

• Foster a supportive workplace culture
• Train managers to recognize the signs of mental health challenges and how to offer support
• Consider mental health days as a valid reason for taking sick leave

Example accessibility statements

For a job posting

“We are an equal opportunity employer and encourage applications from people with disabilities. Accommodations are available upon request for candidates taking part in all aspects of the selection process.”

Disability accommodation clause

“We strive to create a workplace where everyone feels welcome, valued and supported. If you need accommodations due to a disability, please reach out to us. Our HR team will work collaboratively with you to find a solution that supports your success and helps you do your best. We handle all requests for accommodation with care, respect and confidentiality.” 

Further resources

Supporting employees with long COVID and chronic illness | RadHR

AODA and Human Rights Code Training | McMaster University

Disability Inclusive Language Guide | Accessible Employers

Making Communications More Accessible | Accessible Employers