I.
RATIONALE:
The Windsor Police Service is committed to the principle
that every person has a right to receive police services without discrimination
or harassment, as provided by law, including the Ontario Human Rights Code (the Code).
Further, the Windsor Police Service is committed to the
principle that all members of the Service have a right to work in an
environment without discrimination or harassment, as provided by law, including
the Code.
The Code provides that every person has a
right to equal treatment without discrimination or harassment on the basis of
the following grounds, known as the "prohibited grounds".
·
Race
|
·
Ethnic Origin
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·
Sex (including pregnancy,
breastfeeding)
|
·
Family Status
|
·
Gender identity and
Expression
|
·
Citizenship
|
·
Ancestry
|
·
Disability
|
·
Sexual Orientation
|
·
Creed (includes religion)
|
·
Place of Origin
·
Marital Status
|
·
Record of offences (applies
only to employment)
|
·
Age
·
Colour
|
·
Receipt of public assistance
(applies only to accommodation)
|
|
|
Flowing from this right to equal treatment is the
Windsor Police Services duty to accommodate Code-protected groups and
individuals who are adversely affected by our policies, practices, procedures,
standards and directives.
POLICY STATEMENT:
Definitions - Applicable definitions can
be referenced in Directive 310-01Human Rights.
This directive shall
consider provisions of the Ontario Human Rights Code to prevent and address
human rights issues, and shall follow the Human Rights Policy directive.
The aim of accommodation is
to remove barriers and ensure equality.
Accommodation with dignity
is the principle that informs how the service structures and designs its
policies, procedures or practices to ensure "the duty to provide
appropriate accommodation" or "accommodation short of undue
hardship,” is achieved with inclusiveness and to allow for maximal
participation and inclusion of Code protected groups in employment and
services.
This principle also
supports the Windsor Police Services commitment to developing accommodations on
an individualized basis, where appropriate.
Accommodations requests are
Code based and not based on convenience.
Appropriate Accommodations - Public
In
considering accommodation for members of the public with disabilities, the
Service will adhere to standards set out within the AODA.
Types
of accommodations available, where warranted, may include but are not limited
to:
Information in alternative formats;
Access to language interpretation;
Service modifications;
Building or facility modifications, and;
Respecting/accommodating persons religious and creed beliefs and
observances, including but not limited to dietary needs and dress requirements.
Appropriate Accommodations - Members
An accommodation is considered appropriate when it respects the
employee’s dignity, responds to their individualized needs, and allows for full
integration and inclusion in the workplace. Appropriate accommodations for
employees and other workers, where warranted, may include, but are not limited to:
Work station adjustments;
Job redesign;
Modifications to organizational
policies and practices;
Technical aids;
Human support;
Provision of materials in
alternative formats;
Building modifications;
Counseling and referral
services;
Temporary or permanent
alternative work;
Modification of performance
standards, while retaining core job requirements;
Leaves of absence;
Changes to scheduling or hours
of work.
Privacy and Confidentiality Related to Accommodation
The Service will maintain the
confidentiality of information related to an accommodation request, and will
only disclose as much information as is required to facilitate the
accommodation to staff members responsible for handling accommodations.
Appeal Processes
Where an accommodation request is made
either internally or externally provisions for an appeal of any decision will
be provided for. These provisions for appeal can be found within the Procedures
Section of this directive or related directives.
Review: The Manager – Human Resourcesis responsible for ensuring that this
Directive remains current and a submission of a review report sent to Quality
Assurance and Audits prior to the Next Review Date.
PROCEDURES:
- All
Members Shall:
Support the requests for accommodation by a member of the public or
the employment accommodation and return to work of other employees, including
accepting some change in duties when necessary to accommodate needs;
Treat with dignity and respect members of the public or members who
require accommodation;
Be expected to work cooperatively to facilitate the accommodation
process;
Take
accommodation requests seriously and deal with all accommodation requests in a
timely manner.
Requests for Accommodation by a Member of the Public:
Any
member who receives a request for accommodation, by a member of the public,
shall make every attempt to address the request at the initial stage, and
follow the procedures listed within this directive under lll Procedures, Section 3.
If
the request falls outside of the members authority or ability the member shall
bring this request to the attention of the Supervisor responsible for the
specific area, for example:
A
person requesting accommodation regarding Information in alternative formats
could make the request to the Manager - Information Services, or;
Physical
access to any police service facility may be directed to the Director -
Planning and Physical Resources.
Upon
receipt of a request for accommodation from a member of the public, the member,
assessing the request must:
Accept the request for accommodation in good faith, unless evidence
suggests that this is a bad faith request;
Follow the requirements set out within the AODA or within Service
policies;
Obtain advice where needed;
Seek additional information where necessary in order to determine
the most appropriate accommodation as well if the accommodation can be
accomplished;
Accommodation requests should be immediate if at all possible to
avoid any delay in the provision of services to the public;
Keep a record of the accommodation request and accommodation
provided;
Forward ALL accommodation
requests, action taken to the Manager – Human Resources for tracking and annual
reporting;
Maintain confidentiality of the information to the extent possible;
Monitor the success of the Accommodation Plan, and promptly address
any deficiencies or any relevant changes in the organization or the needs of
the member of the public;
When accommodation requests are made and granted, the resolution or
accommodation design should if possible become part of the services regular
practices in order to prevent the need for members of the public to make future
similar requests.
Appeal Process – Member of the Public:
Where
accommodation is made in bad faith or cannot be granted or the level of
accommodation provided by the service is not acceptable to the member of the
public, the member of the public may formally complain regarding the “Policies
or Services” provided;
The
member or Supervisor may attempt to resolve the complaint locally, by:
Discussing the matter with the member of the public and informing
the member of the public of the reasons as to why the accommodation cannot be
made, and;
Attempt to uncover an alternative solution to the request.
If
the accommodation cannot be granted the member of the public may appeal process
internally to the Deputy Chief – Operational Support or designate in order to
allow for the Service to respond and de-escalate the matter where appropriate;
Where
an internal appeal is not appropriate or the response is not acceptable to the
member of the public, the member of the public may formally complain regarding
the “Policies or Services” provided to the Office of the Independent Police
Review Director (OIPRD) regarding the policies of or services provided by the
police service, procedures can be found within Directive 144-01 Complaints
System;
Nothing
prohibits the member of the public from filing a Human Rights Code,related complaint against
the Service or its members. Guidelines and reporting procedures can be found on
the Commissions website at www.ohrc.on.ca;
The
member or Supervisor shall forward the accommodation requests, resolutions,
action taken or recommendations given to the Manager – Human Resources for
tracking and annual reporting.
Accommodation Request by a Member:
Members who require disability-related
accommodation or who are absent from work due to injury or illness are
responsible for:
Identifying to their supervisor or the Manager – HumanResources as
soon as possible any accommodation needs that relate to their ability to
perform job duties or participate fully in the workplace;
Accommodation requests should, whenever possible be made in writing.
The accommodation request should indicate:
The Code ground
with respect to which accommodation is being requested;
The accommodation needed related to the Code ground;
Sufficient information to confirm the existence of a need for
accommodation, which may include information regarding the members
capabilities, limitations and or needs;
Sufficient information to facilitate the accommodation and
return-to-work options from the member and if appropriate from medical
professionals.
Maintaining ongoing communications with their supervisor or the Manager
– HumanResources on the:
Recovery progress, anticipated return to work date, and;
Potential employment accommodation needs, and work scheduling needs
to accommodate treatment/rehabilitation.
Providing information as early as possible in order to give their
supervisor or the Manager – Human Resources and employee time to prepare a
return-to-work plan before the anticipated date of return;
Cooperating with requests for health information about capabilities,
limitations and prognosis, and with independent medical evaluation, when
required, to provide clear and sufficient information to support employment
accommodation or return to work;
Collaborating with their supervisor or the Manager – HumanResources in
developing an employment accommodation and/or return-to-work plan;
Accepting an accommodation/return-to-work solution that meets the
members accommodation needs one which treats the member with dignity, even if
the solution is not necessarily the one the member would have preferred;
Adhering to the accommodation or return-to-work plan, monitoring how
well it is working, and advising their supervisor or the Manager –
HumanResources promptly about any difficulties encountered;
Advising their supervisor or the Manager – HumanResources promptly
of any changes in health/disability status that may require changes in an
existing accommodation/return-to-work plan; and
Completing required documentation where the member is being
considered for a reassignment for health/disability reasons (e.g., identify
skills and competencies).
Failure to provide information, cooperate, comply with any reporting
deadlines as established by the Manager – HumanResources to facilitate the
accommodation request or provide advance notice with their supervisor regarding
a potential accommodation request may delay or suspend the provision of any
accommodation for the member.
Requesting Additional Information to Determine Members Needs:
The
Manager – HumanResources may require further information related
to the accommodation request, in the following circumstances:
Where
the accommodation request does not clearly indicate a need related to a Code ground;
Where
further information related to the members limitations or restrictions is
required in order to determine an appropriate accommodation;
Where
there is a demonstrable objective reason to question the legitimacy of the
person’s request for accommodation.
Where
expert assistance is necessary to identify accommodation needs or potential
solutions, the accommodation seeker is required to cooperate in obtaining that
expert advice;
Any
costs associated with obtaining such expert advice will be borne by the
Service.
Supervisors Shall:
Notify the Manager – Human Resources of any request to be
accommodated by members of the service, and work cooperatively with the Manager
– HumanResources and the member and their representatives, where necessary, to
develop accommodation and return-to-work plans;
Implement and adhere to accommodation/return-to-work plans, by:
Monitoring the success of the Accommodation Plan, and promptly
addressing any deficiencies or any relevant changes in the organization or the
needs of the member;
Advise the Manager – HumanResources promptly about any difficulties
encountered or of any changes in health/disability status that may require
changes in an existing accommodation/return-to-work plan;
Address
co-worker cooperation issues throughout the employment accommodation process.
Cooperate fully regarding requests for accommodation/return-to-work
solutions by members, unless evidence of bad faith exists by the member, and
provide suitable work, which treats the member with dignity, even if the
solution is not necessarily the one the member would have preferred;
Advise
accommodated members as early as possible about upcoming operational changes
that may cause the member to need new or different accommodations;
Maintain the confidentiality of information including medical
information, related to an accommodation request.
The Manager – Human Resources Shall:
Work cooperatively with the supervisor, member and their
representatives, where necessary, to develop accommodation and return-to-work
plans;
Obtain information and assistance, as appropriate and with the employee’s
consent, regarding:
The Code ground
with respect to which accommodation is being requested;
The accommodation needed related to the Code ground;
Sufficient information to confirm the existence of a need for
accommodation, which may include, the members capabilities/limitations/needs;
Sufficient information to facilitate the accommodation and
return-to-work options from the member and if appropriate, rehabilitation
professionals and/or internal staff in areas such as human resources,
information technology.
Document accommodation/return-to-work plans, including information
regarding discussions held, options considered, reasons for acceptance or
rejection of options, and actions taken;
Maintain contact with members who are absent from work because of injury
or illness, to communicate concern for the members health, and;
Obtain
information about expected return-to-work date;
Anticipated
accommodation needs, and
Prepare
for their timely and safe return.
Monitor
and revise accommodation/return-to-work plans in cooperation with the member to
respond to changing member and operational needs;
Assist supervisors in assessing members skills and competencies
against the requirements of vacancies available;
Obtain information and assistance, as appropriate and with the
employee’s consent, regarding:
The Code ground
with respect to which accommodation is being requested;
The accommodation needed related to the Code ground;
Sufficient information to confirm the existence of a need for
accommodation, which may include, the members
capabilities/limitations/needs-from the employee and if appropriate, medical
practitioners, Workplace Safety and Insurance Board (WSIB), and/or other
assessment specialists in health professions;
Sufficient information to facilitate the accommodation and
return-to-work options- from the member and if appropriate, rehabilitation
professionals, WSIB, external vendors and specialists, in employment
accommodation, and/or internal staff in areas such as information technology.
Assist with referrals and requests for assistance from external
specialists, in relation to assessment of employee capabilities and needs;
rehabilitation planning, and employment accommodations solutions;
Consult with the Deputy Chief – OperationalSupport on any situation
when a proposed accommodation solution would create undue hardship to the
service or would be inconsistent with the collective agreement provisions
and/or on the rights of other represented employees and report to the member;
Document accommodation/return-to-work plans, including information
regarding discussions held, options considered, reasons for acceptance or
rejection of options, and actions taken;
Implement and adhere to accommodation/return-to-work plans, by;
Monitoring the success of the Accommodation Plan, and promptly
address any deficiencies or any relevant changes in the organization or the
needs of the member;
Monitoring any changes in health/disability status that may require
changes in an existing accommodation/return-to-work plans;
Address
co-worker cooperation issues throughout the employment accommodation process.
Conduct timely searches for possible health reassignments within the
Service, which are suitable and treats the member with dignity, even if the
solution is not necessarily the one the member would have preferred;
Advise
accommodated members as early as possible regarding upcoming operational
changes that may cause the member to need new or different accommodations;
Maintain the confidentiality of information including medical
information, related to an accommodation request;
Provide advice and coaching to supervisors including senior staff
regarding this Policy and
its implementation, relevant legislation and collective agreement, and related
benefits and entitlements;
Provide or arrange other related services, such as
education/information for supervisors and employees, resolution of disputes
related to employment accommodation or return to work.
Accommodation Planning:
Accommodation
plans should be dealt with promptly;
Shall
include where necessary, interim accommodation measures while long-term
solutions are developed;
The
Supervisor, the Manager – Human Resources and the person requesting
accommodation related to a Code
ground and any necessary experts will work together cooperatively to develop an
Accommodation Plan for the individual;
The
Accommodation Plan will be put in writing and signed by the Supervisor, the Manager
– Human Resources and the member requesting accommodation;
An
Accommodation Plan may include the following:
A statement of the members relevant limitations and needs, including
any necessary assessments and information from experts or specialists, bearing
in mind the need to maintain the confidentiality of medical reports;
Arrangements for necessary
assessments by experts or professionals;
Identification of the most
appropriate accommodation short of undue hardship;
A statement of goals, and
specific steps to be taken to meet them;
Clear timelines for the
provision of identified accommodations including check in points for
re-assessment, and;
A mechanism for review and
re-assessment of the accommodation plan as necessary;
Criteria for determining the
success of the accommodation plan;
An accountability mechanism for both the Service and member
requesting the accommodation, which will be identified within the accommodation
plan.
Internal Appeal Process:
Where
accommodation cannot be granted or the terms and conditions of the accommodation
are not suitable to the member or are not being met, the member may grieve the
matter through the Complaint and
Grievance Procedure listed within the Unit
A and B Collective Agreements;
Nothing
prohibits the member from filing a Human
Rights Code-related complaint against the Service or staff.
Guidelines and reporting procedures can be found on the Commissions website at www.ohrc.on.ca.
Accountability, Evaluation and Reporting
The Manager – Human Resources shall:
Maintain information related to:
The accommodation requested;
Any documentation provided by the member or by experts;
Status of the accommodation request;
Any accommodation alternatives explored;
Any accommodations provided, and;
Where the member requests it, the Manager – Human Resources will
provide the above information within five working days.
Submit an Annual Report to the Chief of Police. Reporting guidelines
can be found within the Service’s Directive 310-01 Human Rights.
Review the impact and effectiveness of this policy and related
practices, procedures and policies and provide recommendations to help inform
training and policy/guideline development or changes in this policy.
Undue Hardship - Deputy Chief – OperationalSupport
A
determination that an accommodation will create undue hardship may only be made
by the Deputy Chief – OperationalSupport and will be based on:
An
assessment of costs;
Outside
sources of funding, and;
Health
and safety.
It
will be based on objective evidence. An
analysis of what constitutes undue hardship is different from an analysis of
appropriate accommodation;
Where
a determination has been made that an accommodation would cause undue hardship,
the Service will proceed to implement the next best accommodation short of undue
hardship, or will consider phasing in the requested accommodation.
Where
a determination is made that an accommodation would create undue hardship, the
member requesting accommodation will be given written notice, including the
reasons for the decision and the objective evidence relied upon within 90 days
of determination being made;
A
determination of undue hardship must be made on the basis of an assessment of
current organizational realities and not anticipated or hypothetical future
scenarios.
The
member shall be informed of their recourse under Section I. Internal Appeal Process.
Discipline:
Members are entitled to claim and enforce their right to a workplace
free of harassment and discrimination. It is a violation of this policy or any policy of the
Service to discipline, criticize, ostracize, or otherwise negatively treat a
person, or treat a person negatively by omission, because a member brought
forward an accommodation request or complaint, provided information related to
a complaint, or otherwise been involved in the complaint resolution process;
A complaint alleging reprisal may be made under Directive 361-04
Workplace Harassment and persons engaging in reprisal are subject to
disciplinary measures, up to and including dismissal from the Service;
Frivolous or bad faith allegations, complaints, or accusations are
also considered a policy
violation and maybe dealt with under Directive 145-02 Civilian Discipline or
Directive 145-01 Discipline.
Training
All members shall receive initial training on their rights,
responsibilities and related legal liabilities, which may arise from
Accommodation related requests;
All members acting in a Supervisory or Management capacity will receive
training and education on;
Their responsibilities and related legal liabilities, which may arise
from the Code amendments, Human Rights Tribunal Decisions and this Directive;
and
Their responsibilities and related legal liabilities, under the Ontarians
with Disabilities Act, 2001 and the Human Rights Code.
All training programs will be evaluated regularly to assess their
adequacy and effectiveness in meeting the objectives of this Directive or
Directive 310-01 Human Rights.
Guidelines for Specific Grounds Based Accommodations
Specific guidelines shall be developed for the following specific
grounds-based accommodations;
Family Status
(Appendix A);
Creed - Religion
(Appendix B).
In the interim requests for accommodation under these specific
grounds-based accommodations will be addressed on a case by case basis, in
conformity with the processes, procedures, and principles articulated in this
policy;
All other Accommodation requests which fall outside this policy or
its guidelines will be addressed on a case by case basis, giving the same
principles of fairness, inclusiveness, respect and dignity.