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Accommodation, Adjustments, and Disclosure
Connor Levy June 19, 2018
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Discrimination The BC Human Rights Code Section 13 Section 42
ACCOMMODATION, ADJUSTMENTS, AND DISCLOSURE Discrimination The BC Human Rights Code Section 13 Section 42
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Legal Principles The Duty to Accommodate Undue Hardship
ACCOMMODATION, ADJUSTMENTS, and DISCLOSURE Legal Principles The Duty to Accommodate Undue Hardship Bona Fide Occupational Requirements
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PRE-HIRING
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Before you begin recruiting…
ACCOMMODATION, ADJUSTMENTS, AND DISCLOSURE Before you begin recruiting… Unionized workplaces Job descriptions
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Recruitment Choosing the right language Accessible applications
ACCOMMODATION, ADJUSTMENTS, and DISCLOSURE Recruitment Choosing the right language Accessible applications Alternative methods
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THE HIRING DECISION
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Pre-interview Accommodation tips
ACCOMMODATION, ADJUSTMENTS, and DISCLOSURE Pre-interview Accommodation tips
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The interview Mindset Appropriate questions Discussing limitations
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ACCOMMODATION, ADJUSTMENTS, and DISCLOSURE
OK to ask
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AVOID asking Do you have any disabilities?
ACCOMMODATION, ADJUSTMENTS, and DISCLOSURE AVOID asking Do you have any disabilities? What is the name of your disability? Will you undergo a medical examination as part of the application process?
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Create ‘Employment Framework’
ACCOMMODATION, ADJUSTMENTS, and DISCLOSURE Create ‘Employment Framework’ Job title and duties Applicant’s abilities Accommodations Communication protocol Evaluation Ending the relationship
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POST-HIRING
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Disclosure & Privacy Protecting personal information
ACCOMMODATION, ADJUSTMENTS, and DISCLOSURE Disclosure & Privacy Protecting personal information Who needs to know? How should it be communicated?
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ACCOMMODATION, ADJUSTMENTS, and DISCLOSURE
Co-workers
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CASE STUDIES
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Case Study #1 You are a recruiter with a company. Your company works with an organization that links employers and individuals with disabilities together. Ahead of an interview, you are informed by the organization that the applicant has a disability that may impact their ability to perform this particular job. During the interview, the applicant is clear that they will not require an accommodation to do the job, but you have been told otherwise. How do you proceed?
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Case Study #2 You are a manager with a company that hires an individual with an intellectual disability. 1/ Your new employee is very open with their coworkers and discusses all aspects of their disability in great detail. One of these coworkers comes to you and tells you that these conversations are making them uncomfortable. How do you deal with this situation? 2/ Your new employee does not wish to discuss their disability with their coworkers. However, the coworkers continue to ask you questions about the new hire. What strategies could you use here?
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Questions?
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