GOVERNING DOCUMENTS: STAFF
PROCEDURE
REASONABLE ACCOMMODATION IN EMPLOYMENT (DISABILITIES)
Effective Date:
November 18, 2008
Revised Date:
 
Review Date:
November 18, 2018
Approving Body:
Administration: President
Authority:
Policy: Reasonable Accommodation in Employment (Disabilities)
Implementation:
President; Delegated to Vice-President (Administration)
Contact:
Executive Director of Human Resources
Applies to:
Employees: All Support Staff (See List)

This Procedure applies to the following employee groups excluded from bargaining units as identified in Procedure: Employee Organizations and Employment Groups:

(a) Academic and Support Staff Excluded from Bargaining Units as Members of the Board;
(b) The Executive Staff;
(c) Senior Administrative Academic Staff;
(d) Administrative Academic Staff;
(e) Geographic Full-time Staff;
(f) Research Academic Staff;
(g) Other Academic Staff;
(h) Members of the UMDCSA bargaining unit;
(i) Sessional Professional Academic Staff;
(i) Excluded Management, Administrative and Professional Staff;
(j) Medical Practitioners and Administrators;
(k) Out of Province Support Staff;
(l) Students Excluded from Bargaining Units


1.0 Reason for Procedure(s)

To set out Procedures secondary to the Policy: Reasonable Accommodation in Employment (Disabilities) for the provision of accommodation opportunities in the workplace for an employee with a disability.


2.0 Procedure(s)

2.1 Reasonable Accommodation

2.1.1 Employees with special needs, based on one or more of the protected characteristics found in The Human Rights Code, resulting in their being unable to perform all of the normal requirements of their job, have a right to reasonable accommodation to the point of undue hardship.

2.2 Undue Hardship

2.2.1 The duty to provide reasonable accommodation must be determined on a case-by-case basis, taking into account all relevant factors. If the employee would be unable to fulfill his/her duties and obligations even after reasonable accommodation to the point of undue hardship, then accommodation is not required. Consideration with regards to undue hardship will include, but not be limited to factors such as: the financial costs of the accommodation; business efficacy; health and safety concerns; interchangeability of employees and facilities; disruption to collective agreements; impact on employees and service users; the impact on other protected rights and the benefit of the accommodation. The test of undue hardship is assessed on a case by case basis but at the University level and not at the department level

2.3 Accommodation Requests

2.3.1 An employee entitled to an accommodation as set forth above shall inform the University of his/her need for accommodation and the extent of that need. This shall include all relevant supporting documentation as determined by the University. The documentation shall be from a licensed physician (M.D.) or qualified practitioner as defined by The Medical Act, (e.g. physician, psychiatrist or clinical psychologist). The documentation must include a statement that the individual has an ongoing, recognized disability that requires accommodation and must specify the resulting limitations to the performance of the job being performed by the employee. The University has the right to request a separate medical opinion. An employee will be required to cooperate with any internal or external resources required to assess the nature of the disability and or any proposed accommodation.

2.3.2 Departments who have received a request for reasonable accommodation should consult with their Human Resource Consultant who will coordinate the expert resources necessary to consider and provide a response to the request for reasonable accommodation. This may involve resources from Equity Services, the Occupational Health and Safety Coordinator or external assistance.

2.3.3 The University will obtain the consent of an employee requiring an accommodation prior to collecting/reporting data to the Federal Contractors Program for Employment Equity purposes.

2.4 Accommodation Plan

2.4.1 If an employee is entitled to an accommodation, a plan will be developed and implemented as soon as reasonably practical. If several possible accommodations without undue hardship are available, the employee shall receive the best available accommodation. The accommodation shall continue in effect unless there is a material change in the circumstances or accommodation request.

2.5 Reasonable Accommodation Fund Assistance

2.5.1 The University maintains a Reasonable Accommodation Fund through Equity Services in order to assist University departments with the initial costs of reasonable accommodations.


3.0 Accountability

3.1 The University Secretary is responsible for advising the President that a formal review of this Procedure is required.

3.2 The Executive Director of Human Resources is responsible for the communication, administration and interpretation of this Procedure.


4.0 Review

4.1 Formal Procedure reviews will be conducted every ten (10) years. The next scheduled review date for this Procedure is November 18, 2018.

4.2 In the interim, this Procedure may be revised or rescinded if:

(a) the Vice-President (Administration) or the President deems necessary; or
(b) the relevant Bylaw, Regulation(s) or Policy is revised or rescinded.


5.0 Effect on Previous Statements

5.1 This Procedure supercedes:

(a) all previous Board/Senate Policies, Procedures, and resolutions on the subject matter herein; and
(b) all previous Administration Policies, Procedures, and directives on the subject matter contained herein.


6.0 Cross References

Reasonable Accommodation in Employment (Disabilities): Policy