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Accommodating Disability in the Articling Process

Understand the duty to accommodate disabilities under the Ontario Human Rights Code throughout the articling process. Learn about the legal term 'accommodation' and the responsibilities of both employees and employers in employment contexts. Discover when and how to disclose disabilities in the hiring process.

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Accommodating Disability in the Articling Process

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  1. _________________________________________ _____________________________ ACCOMMODATING DISABILITY THROUGHOUT THE ARTICLING PROCESS LAURIE LETHEREN Lawyer, ARCH DISABILITY LAW CENTRE 1

  2. ACCOMMODATION OF DISABILITY UNDER THE ONTARIO HUMAN RIGHTS CODE Duty to Accommodate • The duty to accommodate is a Human Rights Code obligation. • The duty applies to the point of undue hardship. • At the core of the principle of accommodation is individualization: each person must be assessed and accommodated individually. • The accommodations that are provided depend on the needs and requirements of the person as well as the context. What is appropriate for one person may not be appropriate for another.

  3. ACCOMMODATION IS A LEGAL TERM Definition of Accommodations • Accommodations are “what is required in the circumstances to avoid discrimination” • Accommodations are steps taken to eliminate disadvantage that result from a rule or practice

  4. WHAT IS UNDUE HARDSHIP To the Point of Undue Hardship Consider • Costs – costs must affect the viability of the employer or change its essential nature • Outside sources of funding, if any – accommodation funds, government grants or loans can offset some costs • Health and safety considerations

  5. DUTY TO ACCOMMODATE IN EMPLOYMENT CONTEXT Employees’ Responsibilities • employee with a disability has a responsibility to make his/her need for accommodation known to the employer • do not have to disclose nature of disability but information that is reasonably required to assess needs and provide the accommodation

  6. DUTY TO ACCOMMODATE IN EMPLOYMENT CONTEXT Employers’ Responsibilities • the employer must accept the employee’s request for accommodation in good faith • take an active role in ensuring that a range of possible accommodation solutions are identified and investigated • maintain the employee’s confidentiality • limit requests for information to those that are related to the nature of the accommodation needed

  7. DUTY TO ACCOMMODATE IN EMPLOYMENT CONTEXT Employers’ Responsibilities (cont’d) • grant accommodation requests in a timely manner (to point of undue hardship) • bear the cost of accommodating if there are costs (modified workstation, technology etc)

  8. DUTY TO ACCOMMODATE IN ARTICLING PROCESS STARTS AT APPLICATION AND INTERVIEW STAGES • Electronic job ad and description • Travel and overnight accommodation • Exclude or modify the written requirements (many gov’t articling interviews include written “test”) • Provide assistance with communication and give more time to the interview • Conduct in an accessible room

  9. DUTY TO ACCOMMODATE IN ARTICLING PROCESS For “Interview” not just about actual meeting: • Call Day • Pace of Interviews and number per day • Who covers the cost • Who sets the accommodations in place • How do you know they will get it right • Big part of “interview” is social after hours • Follow-up meeting with other members of firm

  10. DISCLOSURE When to disclose? Depends on : • Context • Disability • Type of employer (state “equal opportunity, dedicated to promoting rights of people with disabilities etc) • Consider talking to principle of articling in advance

  11. Disclosure in the Hiring Process • Employer can ask about qualifications and ability to perform essential job duties • Applicant under no obligation to disclose disability or need for accommodations but shouldn’t misrepresent qualifications • OHRC suggest no disclosure until job offer on the table

  12. CONSIDERATIONS • If need to disclose upfront explain how have overcome the barriers to this point • Be prepared for the “how can you really do the work that is required to be lawyer” (court appearances, lots of meetings, long hours etc.) • Be honest but emphasize that the accommodation is relatively simple • Don’t slot yourself into “alternative” types of work if that is not where you want to be – it is important to get good articles

  13. Help with protecting your rights Call ARCH Disability Law Centre Tel: 416-482-8255 or 1-866-482-2724 TTY: 416-482-1254 or 1-866-482-2728 • Call Human Rights Legal Support Centre Tel: (416) 314-6266Toll Free: 1-866-625-5179TTY: (416) 314-6651TTY Toll Free: 1-866 612-8627

  14. Help with protecting your rights • LSUC Equity Advisor • LSUC Disability Resource Centre http://www.lsuc.on.ca/with.aspx?id=2147487023 • Liaise with articling principle • Make request to firm for part time articles -- have 3 years to complete licensing process • LSUC Discrimination and Harassment Counsel http://www.lsuc.com/with.aspx?id=2147487009 • School’s career offices should know firm’s articling coordinator

  15. THANK YOU

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