Written By: Andrew Lawson, Legal Education Consultant, Learn--Don't Litigate
www.lawsonemploymentlaw.com
Human rights legislation demands that employers “accommodate” the needs of workers with disabilities.
Do you have a system in place to meet this legal obligation? Let’s look at a real-life scenario:
You manage a call centre and supervise a team of 45 customer service workers. During a recent recruiting drive you interview a candidate who is legally blind. Perhaps a current employee is now legally blind as a result of an accident.
• What is your immediate response to this situation?
• Would a blind person be welcomed into your work environment and;
• Would you willingly make changes to help make this happen successfully?
• Does your organization have the funds to renovate?
• To install special equipment?
The law says you must accommodate the special needs of any worker who is protected by human rights legislation. One exception to this requirement is where an employer can prove that the necessary accommodations would be an undue hardship. In other words, the organization cannot afford to do it. Perhaps you don’t have the money or the worker’s situation creates an extreme safety hazard.
Do think your inexperience with disabled workers or your own lack of creativity may hamper your problem solving in a situation like this? Consider this—
A restaurant in Montreal, O Noir, employs blind people as food servers. You may well be asking, “how can a blind person serve food in a restaurant?” At O Noir blindness is a special ability. At O Noir customers eat in complete darkness. Who better to function effectively in a lightless environment than a blind person?
WHAT TO DO NOW: I am not suggesting you shut off the lights in your factory or office! I am suggesting that, before you jump to conclusions— have another look at your perspective on the abilities of prospective and current employees.