Employment Standard

What is the Employment Standard?

Employment is one of five Standards within the Accessibility for Ontarians with Disabilities Act's (AODA) Integrated Accessibility Standards Regulation (IASR). Standard requirements will help organizations make accessibility part of their procedure for finding, hiring, and supporting employees with disabilities.

Amendments

AODA Standards are reviewed individually every five years. The Employment Standard is currently up for review, and the Initial Recommendations Report is now available for public view. Once the recommendations come into effect, they will be added to this webpage.

Requirements

Recruitment, General: Section 22

Every employer shall notify its employees and the public about the availability of accommodation for applicants with disabilities in its recruitment processes.

Recruitment, Assessment or Selection Process: Section 23

(1) During a recruitment process, an employer shall notify job applicants, when they are individually selected to participate in an assessment or selection process, that accommodations are available upon request in relation to the materials or processes to be used.

(2) If a selected applicant requests an accommodation, the employer shall consult with the applicant and provide or arrange for the provision of a suitable accommodation in a manner that takes into account the applicant’s accessibility needs due to disability.

Notice to Successful Applicants: Section 24

Every employer shall, when making offers of employment, notify the successful applicant of its policies for accommodating employees with disabilities.

Informing Employees of Supports: Section 25

(1) Every employer shall inform its employees of its policies used to support its employees with disabilities, including, but not limited to, policies on the provision of job accommodations that take into account an employee’s accessibility needs due to disability.

(2) Employers shall provide the information required under this section to new employees as soon as practicable after they begin their employment.

(3) Employers shall provide updated information to its employees whenever there is a change to existing policies on the provision of job accommodations that take into account an employee’s accessibility needs due to disability.

Accessible Formats and Communication Supports for Employees: Section 26

(1) Every employer shall consult with the employee to provide or arrange for the provision of accessible formats and communication supports for,

  • information that is needed in order to perform the employee’s job; and
  • information that is generally available to employees in the workplace.

(2) The employer shall consult with the employee making the request in determining the suitability of an accessible format or communication support.

Workplace Emergency Response Information: Section 27

(1) Every employer shall provide individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized information is necessary and the employer is aware of the need for accommodation due to the employee’s disability.

(2) If an employee who receives individualized workplace emergency response information requires assistance and with the employee’s consent, the employer shall provide the workplace emergency response information to the person designated by the employer to provide assistance to the employee.

(3) Employers shall provide the information required under this section as soon as practicable after the employer becomes aware of the need for accommodation due to the employee’s disability.

(4) Every employer shall review the individualized workplace emergency response information,

  1. when the employee moves to a different location in the organization;
  2. when the employee’s overall accommodations needs or plans are reviewed; and
  3. when the employer reviews its general emergency response policies

Documented Individual Accommodation Plans: Section 28

(1) Employers, other than small organizations, shall develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities.

(2) The process for the development of documented individual accommodation plans shall include the following elements:

  1. The manner in which an employee requesting accommodation can participate in the development of the individual accommodation plan.
  2. The means by which the employee is assessed on an individual basis.
  3. The manner in which the employer can request an evaluation by an outside medical or other expert, at the employer’s expense, to assist the employer in determining if accommodation can be achieved and, if so, how accommodation can be achieved.
  4. The manner in which the employee can request the participation of a representative from their bargaining agent, where the employee is represented by a bargaining agent, or other representative from the workplace, where the employee is not represented by a bargaining agent, in the development of the accommodation plan.
  5. The steps taken to protect the privacy of the employee’s personal information.
  6. The frequency with which the individual accommodation plan will be reviewed and updated and the manner in which it will be done.
  7. If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee.
  8. The means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs due to disability.

(3) Individual accommodation plans shall,

  1. if requested, include any information regarding accessible formats and communications supports provided, as described in section 26;
  2. if required, include individualized workplace emergency response information, as described in section 27; and
  3. identify any other accommodation that is to be provided.

Return to Work Process: Section 29

(1) Every employer, other than a small organization,

  1. shall develop and have in place a return to work process for its employees who have been absent from work due to a disability and require disability-related accommodations in order to return to work; and
  2. shall document the process.

(2) The return to work process shall,

  1. outline the steps the employer will take to facilitate the return to work of employees who were absent because their disability required them to be away from work; and
  2. use documented individual accommodation plans, as described in section 28, as part of the process.

Performance Management: Section 30

(1) An employer that uses performance management in respect of its employees shall take into account the accessibility needs of employees with disabilities, as well as individual accommodation plans, when using its performance management process in respect of employees with disabilities.

Career Development and Advancement: Section 31

(1) An employer that provides career development and advancement to its employees shall take into account the accessibility needs of its employees with disabilities as well as any individual accommodation plans, when providing career development and advancement to its employees with disabilities.

Redeployment: Section 32

(1) An employer that uses redeployment shall take into account the accessibility needs of its employees with disabilities, as well as individual accommodation plans, when redeploying employees with disabilities.

Resources