DAOD 5015-0, Workplace Accommodation

Table of Contents

1. Introduction
2. Definitions
3. Policy Direction
4. Authorities
5. References

1. Introduction

Date of Issue: 2005-01-07

Application: This is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members) who act as managers or supervisors of DND employees.

Alternative Formats: This DAOD is available in alternative formats upon request.

Supersession: CPAO 9.09, Provision of Services for Civilian Employees with Disabilities

Approval Authority: This DAOD is issued under the authority of the Assistant Deputy Minister (Human Resources - Civilian) (ADM(HR-Civ)).

Enquiries: Director General Labour Relations and Compensation (DGLRC)

2. Definitions

barriers (obstacles)

Barriers means physical obstacles as well as formal or informal policies and practices that restrict or exclude persons in designated groups from employment opportunities in the federal Public Service.

duty to accommodate (obligation de prendre des mesures d'adaptation)

Duty to accommodate means the obligation of the DND to adopt measures to eliminate disadvantage to employees and prospective employees as a result of a rule, policy, practice or barrier that has or may have an adverse impact on individuals or designated groups protected under the Canadian Human Rights Act or Employment Equity Act.

undue hardship (contrainte excessive)

Undue hardship means the limit to which employers and service providers are expected to accommodate in a given situation, taking into consideration, but not limited to, the following factors:

• availability of options for accommodation;
• realistic ability to meet the costs associated with accommodation; and
• health and safety of the public, DND employees and CAF members.

3. Policy Direction

Context

3.1 Under section 10 of the Canadian Human Rights Act (CHRA), it is a discriminatory practice for an employer to establish or pursue a policy or practice, or to enter into an agreement affecting recruitment, referral, hiring, promotion, training, apprenticeship, transfer or any other matter relating to employment or prospective employment, that deprives or may deprive an individual or group of any employment opportunities on a prohibited ground of discrimination.

3.2 The prohibited grounds of discrimination under subsection 3(1) of the CHRA are:

1. race;
2. national or ethnic origin;
3. colour;
4. religion;
5. age;
6. sex;
7. sexual orientation;
8. marital status;
9. family status;
10. disability; and
11. conviction for which a pardon has been granted.

3.3 Every employer is required under paragraph 5(a) of the Employment Equity Act (EEA) to implement employment equity by identifying and eliminating employment barriers against persons in designated groups resulting from the employer's employment systems, policies and practices that are not authorized by law. Section 3 of the EEA sets out the following designated groups:

1. women;
2. aboriginal peoples;
3. persons with disabilities; and
4. members of visible minorities.

3.4 Under the CHRA, the DND and the CAF have a duty to accommodate the employment-related needs of DND employees and prospective employees that arise from a prohibited ground of discrimination up to the point of undue hardship.

3.5 Accommodation must respect individual dignity to enable individuals to realize their potential in the workplace, that is, the physical location and greater work environment in which individuals carry out their work-related functions and activities. There are many forms of accommodation including, but not limited to:

1. improving physical access to the workplace;
2. modifying work schedules or duties; and
3. supplying special aids or equipment.

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Policy Statement

3.6 The DND and the CAF are committed to:

1. recognizing and valuing the diversity of its workforce;
2. providing a workplace that is accessible and free of employment barriers and discrimination; and
3. accommodating the employment-related needs of DND employees, including members of designated groups, to the point of undue hardship.

Requirements

3.7 The DND and the CAF shall:

1. establish and maintain an effective system for accommodating the employment-related needs of DND employees, including members of designated groups;
2. provide and maintain a workplace environment that is accessible, non-discriminatory and inclusive;
3. ensure that all employment systems, policies, practices, work arrangements and DND facilities are free of discriminatory barriers;
4. respond in a timely, confidential, sensitive and effective manner to all employment-related requests for accommodation;
5. provide training on diversity to managers and supervisors, including CAF members who act as supervisors or managers of DND employees; and
6. develop, communicate and implement the Workplace Accommodation - Guidelines.

3.8 DND employees shall:

1. identify and communicate their employment-related needs;
2. work cooperatively to find optimal solutions to accommodate their needs; and
3. demonstrate flexibility throughout the process.

4. Authorities

Authority Table

4.1 The following table identifies the authorities associated with the implementation of this DAOD:

5. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• Canadian Charter of Rights and Freedoms
• Canadian Human Rights Act
• Employment Equity Act
• Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service, Treasury Board of Canada Secretariat
• A-FN-100002/AG-006, Delegation of Authorities for Financial Administration for DND and the CF
• Workplace Accommodation - Guidelines

Other References

• DAOD 4001-0, Real Property Life Cycle Management
• Defence Plan On-Line