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Final Approval Body: Senior Leadership Team
Senior Administrative Position with Responsibility for Policy: Associate Vice-Principal, Human Resources
Date Initially Approved: January 12, 2015
Date of Last Revision: October, 2024
 

Purpose

The purpose of this Policy, and any related procedures and guidelines, is to set standards for compliance with the university’s Duty to Accommodate Employees, which seeks to ensure that individuals who are otherwise able to work when adjustments can be made are Accommodated without causing Undue Hardship.  The Policy supports the university’s commitment to creating an inclusive workplace, supporting Employees as well as ensuring compliance with the Ontario Human Rights Code (“the Code”) and Accessibility for Ontarians with Disabilities Act (AODA).

Definitions

"Accommodation" is,

• Any reasonable temporary or permanent measure(s), that does not cause Undue Hardship, used to remove a Workplace Barrier which prevents an otherwise qualified individual from performing or fulfilling the Bona Fide Occupational Requirements (“BFOR”) of a job due to a Protected Ground, and
• Based on individual circumstances and can arise during the recruitment, selection, training, promotion, performance appraisal, and at any other point during employment when the need for Accommodation is identified.

“Accommodation Plan” is an individualized, formal written document(s) detailing an Employee’s Accommodation(s). Accommodation Plans include start date, review or end dates, functional/cognitive abilities and limitations, if appropriate, details of job duties, hours and days of work, and workplace modifications. Temporary Accommodation plans may be part of a Return to Work plan. Accommodation plans are recommended for all workplace Disability-related Accommodations.

“Accommodation Program" is a procedural document developed to assist Employees who cannot be accommodated in their existing job due to Undue Hardship or unless limitations or restrictions prohibit an Employee from fulfilling the Bona Fide Occupational Requirements (BFOR) of their job.

“Alternative Work” is work different from the Employee’s pre-Disability job or work that does not necessarily involve similar skills, responsibilities and/or compensation.

• Temporary Alternative Work may be an appropriate Accommodation either in a return-to-work context or in a situation where the Protected Ground(s) renders an Employee temporarily unable to fulfill the BFOR of their job.
• Permanent Alternative Work means permanent reassignment to a vacant position where one exists.

“Appropriate Accommodation” is the Accommodation that most respects the dignity of the individual, meets individual needs, and best promotes integration and full participation in the workplace.  An Employee will normally be accommodated in their current job unless to do so would cause Undue Hardship or the unless the Employee’s limitations or restrictions prohibit the Employee from fulfilling the BFOR of their job. If there is a choice between two Appropriate Accommodations which equally respond to the Employee’s needs in a dignified manner, the University will consult with the Employee to understand their preference. Ultimately the university is entitled to select the one that is most reasonable in the circumstances.  

"Bona Fide Occupational Requirements" (BFOR) are the core functions of a job, having regard to productivity (both in terms of the amount of work product and the timeliness of the work product) and the importance of any function. They include both a subjective component, in that they were established honestly and in good faith, and an objective component, in that they are defined as reasonably necessary to assure the efficient and economical performance of the job without endangering the Employee, fellow Employees, and/or the general public. They are related to the “essential duties” of a job.

“C������” includes, but is not necessarily limited to, a person’s religion.  A belief system is a creed under the Ontario Human Rights Code (“the Code”) if it:

• Is sincerely, freely and deeply held,
• Is integrally linked to a person’s self-definition and spiritual fulfilment,
• Is a particular comprehensive and overarching system of belief that governs one’s conduct and practices,
• Addresses ultimate questions of human existence, including ideas about life, purpose, death, and the existence or non-existence of a creator and/or a higher or different order of existence, and
• Has some “nexus” or connection to an organization or community that professes a shared system of belief.

��ྱ�������������ٲ�” is defined by the Code as:

• any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
• a condition of mental impairment or a developmental disability,
• a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
• a mental disorder, or
• an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

“Disability Accommodation” is

• any temporary or permanent measure(s) used to meet a disability related need which would otherwise prevent a qualified individual from performing or fulfilling the Bona Fide Occupational Requirements (“BFOR”) of a job as a result of a Disability, and
• based on individual circumstances and can arise during the recruitment, selection, training, promotion, performance appraisal, benefits provision and at any other point during employment when the need for Disability Accommodation is identified.

"Duty to Accommodate" in the employment context refers to the university’s legal obligation to reasonably accommodate an Employee due to a Protected Ground up to the point of Undue Hardship.

“E������Dz���” includes a person who performs work for, or supplies services to, the university for wages, as defined by the (the “ESA”).

"Employment Supervisor" is a person with administrative and supervisory responsibilities; examples include Department Heads, Directors, Managers and Unit Supervisors, all of whom have responsibility under this Policy and Procedure. The direct supervisor is usually the first contact for Employees requesting Accommodation.

“Family Status” is defined by the Code as the status of being in a parent-and-child relationship.

• The Protected Ground of Family Status protects a range of parent-child relationships from discrimination. For example, it protects,
  • parents from being discriminated against because they have children; this includes biological and non-biological parent-child relationships, such as those formed through adoption, fostering, and step-parenting, as well as lone parent families, and applies irrespective of either or both parents’ sex, Gender Identity or Gender Expression.
  • adult children from being discriminated against because they are caring for their aging parents.

“Gender Identity” is defined by the Queen’s University Equity Office as one’s innermost concept of self as a man, a woman, both or neither – how individuals perceive themselves and what they call themselves. One's Gender Identity can be the same or different from the one expected based on their sex assigned at birth.

“Gender Expression” is the external appearance of one's gender identity, usually expressed through ie, name, behaviour, clothing, grooming, (e.g., make-up, tattooing, piercing, hair removal), gait, body characteristics or voice, and which may or may not conform to expectations typically associated with being either masculine or feminine.

“Gender Transition” is a process undertaken by some people who are transgender to increase a sense of alignment among one’s Gender Identity, body, and/or how one is perceived by others. A transgender person may seek medical transition (which can include gender-affirming surgery and/or hormone therapy) or social transition (which can include changes in one’s Gender Expression) as part of transition. Every transgender person’s transition is unique to their own needs and context. Gender transition may include medical aesthetic procedures (e.g., medical tattooing).

“P����ڱ����Գ���” is a request made by an Employee for flexibility or a change in the work, workplace or way the work is performed, not based on a Protected Ground.  Preferences are not subject to the Duty to Accommodate.

“Protected Grounds” are characteristics based on which the Code prohibits discrimination or harassment; the list of Protected Grounds is:

• race
• gender identity
• gender expression
• ancestry
• place of origin
• age (protected only in relation to those 18 years or older)
• colour   
• record of offences
• ethnic origin
• marital status
• citizenship
• family status
• creed
• sexual orientation
• sex
• disability, and
• any other ground that may subsequently be designated as protected under the Code.

��������������” is the act or threat of penalizing, intimidating, or coercing an individual for acting in good faith to carry out or assist with any step provided for in the Workplace Accommodation Procedure made under this Policy. Engaging in an act of Reprisal constitutes a breach of this Policy.

“Return-to-Work Plan” is a type of Accommodation Plan developed through consultation to facilitate an Employee’s return to productive employment in a timely and safe manner following a Disability leave.  They are individualized, formal written documents and include start date, review or end dates, functional/cognitive abilities and limitations if appropriate, details of job duties, hours and days of work, and workplace modifications. They are recommended for all return-to-work situations.

��ٱ��” “is defined by the Code as a person's genetic or anatomical sex; there are also associated psychological and behavioural norms related to a person’s sex.”

“Sick Leave” is an absence from work and performance of regular duties due to illness, injury or contagious disease that can be supported by Substantiated Medical Documentation.  Sick Leave can consist of paid or unpaid time.

“Sick Leave Benefit” is a benefit payable to Queen’s University Employees under the Queen’s University Sick Leave Policy.

“Substantiated Medical Documentation” is medical documentation to support an Accommodation request, including:

• The nature of the functional/cognitive limitations that precludes the Employee from performing one or more of the BFOR of their job;
• Confirmation as to whether the Employee is currently receiving, and complying with, treatment;
• The expected duration of the Employee’s absence, or next date of reassessment if duration is unknown;
• Any temporary Accommodation that could safely return the Employee to work in the near future; and/or
• Surgery date and expected recovery time, if applicable.

“Workplace Barrier”:  is a challenge that may prevent a person from obtaining or keeping a job or advancing in their career. Many individuals who face Workplace Barriers want to work and are fully capable of doing so, but the barriers they face may prevent them from having the opportunity to show their talents. Not all Workplace Barriers require Accommodation, but the university is committed to identifying and addressing Workplace Barriers that exclude or adversely impact Employees based on a Protected Ground.

“Workplace Emergency Response Plan” is an individualized plan for each Employee who requires assistance in emergencies such as fire, severe weather, natural disasters, security incidents and power outages. Workplace Emergency Response Plans are a specific requirement of the Accessibility for Ontarians with Disabilities Act (AODA) and are used only in situations of Disability-related Accommodation.

"Undue Hardship" is a legal standard providing contextual examination of a number of factors, including cost, outside sources of funding, and health and safety requirements, when weighing requirements of Accommodation against the reasonable ability of the employer to provide an Appropriate Accommodation. The employer is required to provide Accommodation to the point of Undue Hardship.

Scope

This Policy and any related procedures and guidelines outline:

•  the process, including roles and responsibilities, for Employees to request Accommodation based on Protected Grounds; and,
• AODA obligations to Employees and job applicants related to Disability-related Accommodations.

Reference should also be made to the Workplace Accommodation Procedure.  For Employees returning from a Sick Leave, the Return-to-Work Policy and associated Procedure may also apply.

Requests related to personal Preference not related to Code-based Accommodations are not covered within this Policy.

Concerns regarding harassment or discrimination in the workplace are addressed under the Harassment and Discrimination Prevention and Response Policy and associated Procedures.

This Policy and related Procedure(s) do not override or diminish the rights provided to Employees under collective agreements.  Where there is a conflict between this Policy or any related Procedure and a collective agreement, the terms of the collective agreement shall govern.

Every bargaining unit member has the right to seek advice and assistance from their union at any point in a process under this Policy.  An Employee attending a meeting convened under this Policy may bring an advisor, including a union representative, to the meeting.

This Policy does not preclude individuals from pursuing resolution through external processes, including those offered by the Human Rights Legal Support Centre, the police, the Ontario Labour Relations Board, and the Human Rights Tribunal of Ontario.

Policy Statement

The university recognizes the importance of full participation and inclusion of Employees in the workplace, and job applicants in the recruitment process.

The university will work to achieve a workplace free of Workplace Barriers and will support the Accommodation of Employees and job applicants who require Accommodation related to the Protected Grounds, without incurring Undue Hardship.

Accommodation(s) will be provided in accordance with the principles of dignity, individualization, and inclusion. Queen’s University will work cooperatively, and in the spirit of respect, with those involved in the Accommodation Process.

All those involved in the Accommodation Process will respect the privacy of Employees seeking Accommodation and will only share information as necessary to support the Accommodation Process.

Responsibilities

Job Applicant Requiring Accomodation

• Notify the department designate or recruitment lead regarding the need for Accommodation.
• Assist the department designate or recruitment lead to determine the Appropriate Accommodation.

Department Designate or Recruitment Lead

• Maintain confidentiality of information received and keep this process distinct from candidate assessment.

Employee Requiring Accommodation

• Notify their Employment Supervisor and/or Employee Wellness Services (if disability related) regarding the need for Accommodation.
• Provide relevant and pertinent information to support their Accommodation need and the assessment of Accommodation options/solutions.
• Identify known Accommodation needs and cooperate with appropriate and reasonable requests for evidence establishing the need for Accommodation.
• Actively and collaboratively participate in the development, assessment, implementation, and evaluation of Accommodation(s).

Employment Supervisor

• Accept requests for Accommodation in good faith.
• Respond to Accommodation requests in a timely manner.
• Follow up with Employee if there is an indication that a Disability Accommodation may be required. Limit requests for information to those reasonably necessary   to be able to respond to the Accommodation request.
• Forward Substantiated Medical Information to Employee Wellness Services.
• Identify the Bona Fide Occupational Requirements of the position.
• Manage the Accommodation process by encouraging co-operation and dialogue, by considering all reasonable Accommodation options, and by monitoring and evaluating Accommodation solutions.
• Consult with Human Resources to assess appropirate Accommodations.
• Keep a written record of an Employee’s Accommodation request and responsive action taken, i.e., Accommodation Plan
• In the case of Disability Accommodation: Participate in the development of a Workplace Emergency Response Plan if required based on the need of the Disability.  
• Maintain confidentiality and ensure that the institution responds to any requests for information in accordance with the Freedom of Information and Protection of Privacy Act (“FIPPA”)

The University

• Ultimately, the Duty to Accommodate is an institutional obligation as the university is the Employer. The onus is on the Employer to establish that it has fulfilled its Duty to Accommodate.  Accordingly, all departments/units are obligated to facilitate the Accommodation process and have a duty to cooperate with others involved in that process. 

Human Resources Department

• Provide advice, guidelines, and resources to Employees and Employment Supervisors (and job applicants and recruitment leads, as applicable) related to the interpretation and application of this Policy and its procedures(s).
• Apply and interpret this Policy to promote the university's commitment to building an inclusive community.
• Make information about the Accommodation process available to Employees and Employment Supervisors and/or recruitment leads and job applicants,
• In cases of Disability Accommodation, participate in the development of a Workplace Emergency Response Plan if required based on the Disability need.
• Maintain confidentiality and ensure that the institution responds to any requests for information in accordance with the Freedom of Information and Protection of Privacy Act (“FIPPA”)

Faculty Relations Office

• Provide advice, guidelines, and resources to the appropriate Employment Supervisor related to the application of Accommodation policy and procedure.
• Maintain confidentiality and share information only as necessary to support the process.

Employee Wellness Services (Disability-related Accommodations or Accommodation related to medical Gender Transition)

• Request and assess Substantiated Medical Documentation submitted to support an Accommodation request to determine if the request is medically substantiated.
• Assist with disability management including establishing Accommodation(s) for Employees with Disabilities.
• Facilitate the development of Accommodation Plans to:
  • assist Employees to stay at work, as outlined in the Workplace Accommodation Procedure; and
  • assist Employees to return to work following a Sick Leave, as outlined in the Return-to-Work Procedure.
• Consult with other departments and unions as required.
• Determine, based on the Substantiated Medical Documentation provided and the BFOR of the job, whether the Employee is able to fulfill the BFOR without Undue Hardship, and when appropriate, refer the Employee to the university Accommodation Program.
• Participate in the development of a Workplace Emergency Response Plan if required based on the need of the Disability.
• Maintain confidentiality and ensure that the institution responds to any requests for information in accordance with the Freedom of Information and Protection of Privacy Act (“F���ʱʴ�”).

Union Representatives

• Share responsibility with the university to facilitate the Accommodation process, including taking an active role in suggesting and testing alternative approaches and cooperating fully when solutions are proposed.
• Respect the privacy of the person requesting an Accommodation measure.
• Support Accommodation measures that require agreements outside of the respective collective agreement.
• Work with the university and other members to address Workplace Barriers to Accommodation.
• Facilitate job placement for individuals participating in the University Accommodation Program.

Human Rights and Equity Office

• Assist with Accommodation and accessibility education and training.
• Act as a resource for those involved in responding to Accommodation requests.
• Assist with improving access for everyone on campus by identifying Workplace Barriers, providing advice about how Workplace Barriers can/should be addressed, encouraging accessibility, and promoting the Duty to Accommodate.
• Provide confidential advice regarding questions or concerns about harassment/discrimination in the workplace and the Harassment & Discrimination prevention and Response Policy and related Procedures.

Accessibility Hub

• Serve as an online community for those seeking information on Disability and accessibility issues on campus as well as act as a resource for Disability-related Accommodation needs.

Contact Officer: Director, Employee Wellness Services
Date for Next Review: 2029
Related Policies, Procedures and Guidelines:

• Workplace Accommodation Procedure
• Accessibility Policy
• Return to Work Policy
• Return to Work Procedure
• Sick Leave Policy and Procedure
• Harassment and Discrimination Prevention and Response Policy and Procedure
• Grievance Procedure
• Employment Equity Policy
• Employment Equity Procedure
• All collective agreements between ���˴�Ƭ at Kingston and Employee groups