Disability legislation – what you need to know
As the leader of an organization, there are various business-related laws you need to be aware of and abide by. Labour laws are probably the first that spring to mind, or Health & Safety. But there is one type of legislation that we find many business owners know very little about—disability. In fact, many business owners don’t even know there is such a legislation or, if they do, they don’t know much about what it contains.
But it is crucial for you to be knowledgeable about this topic. Why? Because you almost certainly have some employees with disabilities, and they have legal rights at work. And you definitely have some clients with disabilities, and they have legal rights too.
It is estimated that between 15% and 20% of the workforce has some type of disability. That means if you have 50 employees, you can expect that between 7-10 of them have some type of disability. And if you have say, 100 clients per year, then expect that 15-20 of them have disabilities. At any time, any of these could ask for what are called accommodations—special supports a person requires because of a disability. And it is your legal responsibility to ensure they are receiving those supports.
Providing those supports is called accessibility, and related laws are often termed accessibility legislation. Policies about how to support employees or clients with disabilities are called accessibility policies.
Why you Need an Accessibility Policy
First of all, accessibility policies are a legal requirement in most regions. But there are other reasons to have them. The main one is that these are your employees—your extended family in many ways. Of course you want to take care of them, and support any disabilities they may have. But you also want to do what helps any employee perform at their best. For persons with disabilities, that may mean providing accommodations.
The law typically requires you to be inclusive before you are asked to be. That means being proactive (e.g. installing automatic door openers even though no one yet in your business uses a wheelchair or walking aids).
Which disabilities are covered?
Any and all types of disability are covered by legislation.
Physical (e.g. uses a wheelchair, can’t use one hand, can’t pull open doors, etc.)
Visual (blind, or low vision)
Hearing (deaf, or hard-of-hearing, whether they use a hearing aid or not)
Learning disabilities (e.g. dyslexia)
Mental health (anxiety, depression, bipolar disorder, ADHD, etc.)
Medical (diabetes, arthritis, addiction, COPD, etc.)
What proof do you need
Typically, before any accommodations are granted for employees, you must have proof of their disability. The type of document that is considered legal proof varies with the type of disability. For hearing impairments, it is an audiogram. For medical disabilities, it is typically a letter from a doctor. For learning disabilities, it is what is known as a Psychoeducational Assessment.
It’s a little different with customers or clients. Typically, they wouldn’t be required to provide proof. So if you have a client who says, “I need those documents in large print”, you would be expected to believe them, and grant the request. If someone says, “This is my service dog”, you would be expected to believe them, whether or not the dog is wearing any type of coat stating that it is, in fact, a service dog.
Technically, this can also be the case for employees. For example, if an employee tells you they have a hearing impairment, but they have not yet met with an audiologist to have their hearing officially tested, the law would usually expect you to support them in the meantime.
And, even if a person doesn’t specifically tell you that they have a disability, if their behaviour suggests they may, the law in many regions might expect you to accommodate them.
What are your obligations?
For employees, you are expected to do whatever is necessary for them to be fully integrated and able to participate in the workplace. What that looks like depends not only on the type of disability, but also on the individual. (Two people with the same disability may have different needs.)
For clients, you are expected to provide them with whatever supports they may need. Further, you are expected to provide those supports at the same time and place that any other client would get them. That means, for example, that a customer who requires an audio version of a written document should be given it right away, and not have to wait for someone to first create the audio copy. (That means you need to be proactive, and have such supports available in advance, in case anyone needs them.)
Here are some examples of other accommodations for employees.
A person in a wheelchair needs a desk that is a bit higher than average so they can roll their wheelchair underneath.
A person who has low vision needs screen magnifying software on their computer.
A person with dyslexia has difficulty reading and needs software that reads documents on the computer aloud.
A person who is deaf needs a sign-language interpreter during meetings, events, or in other instances.
A person on medication that makes them drowsy needs a bit more time to complete tasks.
A person with anxiety may need to reduce their work hours and only work part-time.
And here are some examples of accommodations for customers.
A person in a wheelchair needs a service desk that is at the height of their arms.
A person who has low vision, or dyslexia, needs a document read out loud to them before they sign it.
A person who is deaf needs a sign-language interpreter.
A person with a medical condition needs a chair to sit in as they wait in line.
A person on medication that makes them drowsy may need things explained to them again, or more clearly.
Tips for Creating an Accessible Company
Some of the accommodations in the two lists above may seem fairly obvious, but the field of accessibility is complicated, and accommodations are often not straight-forward. Here are some tips to help you ensure your company is on the right track.
Know your responsibility. Most provinces/states in North America have disability related legislation. Find yours, read it, and make sure you understand it. Too many small to midsize companies are unaware of their responsibilities in this area and get themselves into trouble when disagreements regarding accessibility issues arise. If needed, take a course that covers the disability requirements of your province/state.
Train your staff. Not only does it make good sense to provide training to all of your employees on how to interact with persons with various disabilities (whether work colleagues or company clients/customers), it can also be explicitly stated in legislation that you must do so.
Don’t assume your HR department is taking care of all of this. Take the responsibility to make sure they are, and that they are doing it properly. You don’t have to become an expert in the field, but you do want to know enough to be able to tell whether your company is doing a good job or not of accommodating. And you have to know enough to intervene and make decisions if complaints are filed. You, as the business leader/owner, will be the one who is ultimately held responsible.
Have a disability specialist on staff in your HR department. If your company is large enough, consider hiring someone who is a specialist in the field. If your company isn’t that large, perhaps you could hire them part-time. Alternatively, you could have one of your current HR staff trained on disability management and accommodation.
Don’t judge. It is too easy to jump to conclusions when dealing with something we aren’t experts in. If someone says, “I can’t do that task because it’s bad for my anxiety”, you might think they are just trying to get out of doing that particular task. But it’s more likely that the task truly would affect their anxiety. You may not fully understand it, but try to accept what they are telling you.
Treat persons with respect. You may not fully understand an individual’s disability needs, but you must still respect them and treat them with courtesy and understanding.
Maintain confidentiality. The fact that someone has a disability, or any information related to that, is typically legally considered private information, and is usually protected under privacy legislation. Make sure that only those persons who truly need to know are given any details. Also, make sure that you don’t inadvertently disclose information (e.g. by having a conversation about it where someone else may hear you).
Don’t take sides. Sometimes a disability complaint involves a third party. An example is when employee A complains that employee B is making fun of their disability. You may not believe employee A, because you know employee B well and believe them to be above such things. But you have to handle the situation with complete lack of bias. That means a proper investigation, giving both sides equal opportunity to provide their side of the story. The reality is, it is very unlikely that employee A would complain if there wasn’t at least something going on. And any bias you show may count against you if the complaint goes further.
Don’t put things off. This is a common error that people make. In cases that go to court, your lack of timely action can be considered discrimination. But even if a complaint never goes to court, a small problem is likely to grow into a bigger one if it isn’t addressed early.
Summary
The bottom line is: treat any disability issue the same way would treat any other issue that arises in your business: address it respectfully and solve it professionally.
And one last note. Legislation usually isn’t concerned about how much money you may have to spend to provide accommodations. That means that you have to provide accommodations even if they are expensive. The good news is that most accommodations usually cost very little, and they make for a better, more inclusive workplace, and that’s just better for everyone.
Cheers
Tim
[ This article is intended as general information only and is not meant as professional advice. ]