H18 – Employment Accommodation

Approver: President and CEO
Policy Owner: Chief Human Resource Officer
Last Reviewed: New

See the H18 – Employment Accommodation Procedures ›

1.0 Purpose

1.1

Red River College Polytechnic is committed to supporting access to employment for persons with temporary, prolonged, or permanent disabilities or persons with work-related needs arising from other protected characteristics and who face one or more barriers in accessing RRC Polytech’s services and/or employment opportunities. RRC Polytech is committed to making employment opportunities available to all individuals by providing reasonable accommodation(s) in accordance with both The Manitoba Human Rights Code and The Accessibility for Manitobans Act.

1.2

This Policy establishes RRC Polytech’s commitment to ensuring that persons with disabilities or persons with work-related needs arising from other protected characteristics are provided with an accessible work environment, and to enable procedures for reasonable accommodation(s) up to the point of undue hardship.

2.0 Definitions

2.1

“Access” refers to barrier-free access to programs and services; employment and education; information and communications; and buildings and events

2.2

“Accessibility” means giving individuals of all abilities opportunities to participate fully in everyday life. Accessibility refers to the ability to access and benefit from a system, service, product or environment.

2.3

“Accommodation” is temporary or long-term adjustment to working conditions, duties, policies, rules, practices, programs, or the physical work environment to address work-related needs arising from a protected characteristic(s) identified in The Manitoba Human Rights Code, up to the point of undue hardship.

2.4

“Barriers”, in relation to this policy, refers to obstacles that limit access and prevent Persons with disabilities from fully participating in society as defined in The Accessibility for Manitobans Act.

2.5

“College Community” includes:

1. Current RRC Polytech employees, students and alumni;
2. RRC Polytech Students’ Association and its employees;
3. Members of the RRC Polytech Board of Governors;
4. Representatives of RRC Polytech partners and agents;
5. Visitors to RRC Polytech;
6. Tenants of RRC Polytech;
7. Persons living in RRC Polytech residence;
8. Independent contractors engaged to perform services by RRC Polytech on RRC Polytech property;
9. All others present, or participating, in the Workplace or Learning Environment or participating in RRC Polytech business.

2.6

“Disability” refers to a condition that limits a person’s daily activities. Persons with disabilities may have long-term physical, mental, intellectual or sensory impacts which, may hinder their participation on an equal basis with others. A disability includes those related to or caused by aging, an injury and other life events that may temporarily or permanently affect mobility, dexterity (use of hands), vision, hearing, communication, understanding or mental health.

2.7

“Emergency Response Team” refers to staff from Safety, Health and Security Services and Facility Management Services. The role of this team is to ensure that emergency evacuations occur in a timely and efficient fashion.

2.8

“Employee” means any individual employed by RRC Polytech including, without limitation full-time, part-time and contract faculty, support staff and administrators of RRC Polytech.

2.9

“Individual Emergency Plan” refers to individualized workplace emergency response information for employees with disabilities who need assistance during an emergency, developed by the Safety, Health and Security Services team in consultation with the employee.

2.10

“Protected Characteristics” means other personal characteristics established by The Manitoba Human Rights Code that may create barriers for an individual receiving equitable access to employment opportunities at RRC Polytech.

2.11

“Supportive Employment Program” is a specialized area within human resources which focuses on disability management. Supportive Employment values and promotes both early intervention and proactive disability management practices with employees to ensure they receive appropriate support to continue working or return to productive employment as soon as medically feasible. This objective is supported through a partnership of communication and cooperation between all impacted stakeholders, which is vital in achieving successful outcomes.

2.12

“Undue hardship” refers to limits of reasonable accommodation beyond which an employer or academic service provider does not have a duty to accommodate. Undue hardship is assessed on a case-by-case basis, considering various factors relating to the situation including, but not limited to, health and safety risks; disruption to collective agreements or other contracts; financial costs; business efficiency; interchangeability of employees and facilities; impact on members of the College Community, as well as impact on learning outcomes.

3.0 Application

3.1

This policy applies to all job applicants (internal and external) who are seeking employment with RRC Polytech and all current employees of RRC Polytech and covers all aspects of employment including accommodation requests made by a job applicant and/or employee during the recruitment processes, while at work or while on leave (e.g., medical leave), and when a reasonable accommodation plan is required to return to work.

4.0 Policy

4.1

RRC Polytech will provide reasonable work accommodations, to the point of undue hardship, to meet the needs of persons with disabilities and provide equitable access to employment opportunities. Reasonable work accommodation plans will be appropriate, effective, and practical, and will not impose undue hardship on RRC Polytech.

4.2

RRC Polytech will provide reasonable accommodation, upon request, for persons with work-related needs arising from other protected characteristics established by The Manitoba Human Rights Code that may create barriers for an individual receiving equitable access to employment opportunities at RRC Polytech.

4.3

RRC Polytech will consider accessibility and provide reasonable accommodation upon request, during recruitment, onboarding, performance management, training and career development. Job applicants and employees will be informed that reasonable accommodation opportunities are available.

4.4

RRC Polytech will develop and document individualized accommodation plans, for employees with medically supported disabilities or for employees with work-related needs arising from other protected characteristics; and furthermore, will develop individualized return to work accommodation plans for employees who are, or have been, absent from work due to a disability or health condition, and require medically supported accommodations.

4.5

RRC Polytech will provide an individual emergency plan for employees with disabilities, upon becoming aware that the employee requires an individual emergency plan.

4.6

RRC Polytech will provide training to employees with human resource responsibilities regarding how to accommodate employees with disabilities.

4.7

RRC Polytech will protect personal information, including personal health information obtained through the accommodation process, in accordance with The Freedom of Information and Protection of Privacy Act (FIPPA) and The Personal Health Information Act (PHIA). All parties involved in the accommodation process will be expected to treat information pertaining to employment accommodation requests in a confidential manner.

5.0 Responsibilities

5.1

The Chief Human Resource Officer will be responsible for:

1. Approving procedures required to support the implementation of this Policy.

5.2

Managers will be responsible for:

1. Receiving requests for accommodation and consulting with Human Resource Services.
2. Recognizing situations where a medical condition may be affecting an employee’s ability to perform all or some of their duties; or may be placing an employee or other individuals at a health and safety risk; taking reasonable steps to satisfy the employer’s duty to inquire about the employee’s potential need for accommodation and follow up according to the established procedures.
3. Engaging and working with the appropriate stakeholders to identify and, where possible, offer reasonable accommodation.
4. Implementing the accommodation process and monitoring accommodation plans as required.
5. Processing requests for accommodation in a timely and confidential manner.
6. Participating in an accommodation plan for a new employee assigned to the work area.

5.3

Human Resource Services will be responsible for:

1. Handling all employee-related accommodation requests and developing accommodation plans in consultation with other internal departments and external stakeholders.
2. Informing job applicants and employees of accommodation practices or processes.
3. Advising management and employees on the application and interpretation of this policy.
4. Requesting additional information from the employee and/or other experts when further information is necessary in order to respond to an accommodation request.
5. Supporting the accommodation process as needed.
6. Engaging internal resources (e.g., Supportive Employment Services, Corporate Legal, Safety, Health and Security Services, etc.) to support the accommodation process as required.
7. Informing employees, in writing, if their requested accommodation is denied on the basis of undue hardship or on the basis that alternate reasonable accommodation is available.

5.4

Safety, Health and Security Services will be responsible for:

1. Developing individual emergency plans for employees with disabilities upon request.
2. Seeking permission from employees with disabilities who need assistance during an emergency to share information with the Emergency Response Team.
3. Establishing the Emergency Response Team and deploying the Emergency Response Team in the event of an emergency.

5.5

The Supportive Employment Consultant will be responsible for:

1. Supporting Human Resource Consultants and Managers in reviewing, recommending and implementing accommodation plans related to disabilities.
2. Developing medical inquiry forms as required.
3. Engaging independent medical practitioners or specialists for employee assessments in accordance with the Medical Fitness article in the Collective Agreement.

5.6

The Legal and Compliance Department will be responsible for participating in the accommodation process by:

1. Reviewing documentation related to protected characteristics other than disabilities;
2. Recommending accommodation plans, particularly those that do not relate to disabilities; and
3. Acting as a College-wide resource to provide consultation and education to all staff.

5.7

Employees will be responsible for:

1. Making requests for accommodation in writing to their Manager.
2. Providing all relevant and appropriate information to support the request for accommodation in a timely manner to their Manager or to Human Resource Services. This may include providing RRC Polytech with relevant medical information and/or the necessary authorization to communicate with relevant professionals, such as medical professionals, where necessary.
3. Actively participating and cooperating in searching for and implementing reasonable accommodation options, including working with all stakeholders whose assistance is required to implement the accommodation.
4. Making reasonable attempts to succeed in a determined accommodation plan, including meeting the agreed-upon performance standards after reasonable accommodation(s) have been made.
5. Advising their Manager or Human Resource Services if the determined reasonable accommodation requirements change (e.g., where restrictions are removed or added) and/or if the agreed-upon accommodation is not working as intended.

5.8

The College Community will be responsible for:

1. Fostering an environment that is courteous, inclusive and respectful; and, by so doing, each individual contributes to the inclusive and supportive employment and learning experience of every student and staff; and
2. Acting in good faith to willingly participate, if called upon to participate in implementing an accommodation plan;
3. Complying with all RRC Polytech Policies, including Policy H1 – Respectful Workplace and Learning Environment Policy.

6.0 Review Period

6.1

This Policy will be reviewed a minimum of every 5 years.

Related Policies and Legislation

• The Accessibility for Manitobans Act
• Accessible Employment Standard Regulation
• The Manitoba Human Rights Code
• E1– Safety
• G3 – Freedom of Information and Protection of Privacy
• G6 – Accessibility
• H1 – Respectful Workplace and Learning Environment
• H2 – Equity, Diversity and Inclusion
• P3 – Ethical Behaviour and Code of Conduct