Beyond the Duty to Accommodate: Addressing Disabilities in the Workplace

Canadian employers have a duty to accommodate disabilities in the workplace as set out by federal legal frameworks such as the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and the Employment Equity Act. However, a recent survey conducted by Indeed Canada found that only 37% of respondents living with disabilities felt their employer adequately supported them. In this article, we look at how employers can go above and beyond the minimum legal requirements for disability accommodation to create a workplace that breaks down barriers and improves employee mental health, retention, and wellbeing in Canada.

What is an employer’s duty to accommodate disabilities in Canada?

According to Statistics Canada’s 2017 Canadian Survey on Disability (CSD), approximately 20% of working-age Canadians (aged 25-64) identified as having one or more disabilities, or about 2.2 million people. Disabilities can include physical challenges, such as mobility, seeing, hearing, agility, or flexibility impairment; challenges in learning or processing information, including learning disabilities or dyslexia; or mental health conditions.

More recently, the longer-term effects of COVID-19 have resulted in more disabilities in the workplace. Approximately 15% of adults experience symptoms three or more months following infection that impact their physical and mental health and stamina.

In addition to compliance with legislation that protects people living with disabilities from discrimination, the Employment Equity Act requires that employers:

• identify and eliminate employment barriers that may stem from their systems, policies, and practices
• institute positive policies and procedures to support under-represented groups
• make reasonable accommodations to achieve representation within their workforce

Despite these stipulations, Indeed found that most respondents with a self-reported disability don't feel adequately supported by their employer. Lacking appropriate accommodation, individuals living with disabilities usually face additional challenges that can create barriers to meaningful long-term employment and career progression

In 2022, Statistics Canada’s Labour Force Survey revealed an unemployment rate of 6.9% for persons living with disabilities aged 16 to 64, nearly double that of those without disabilities (3.8%).

Five ways to better accommodate disability in the workplace

How an employer responds to disability accommodations can significantly impact engagement, employee retention, and wellbeing. Go beyond the duty to accommodate and create a support system that ensures that all employees have the opportunity to excel with these five approaches:

1. Create a proactive accommodation strategy. Why should employees ask to be accommodated? Instead, perform an accessibility audit to identify potential barriers and proactively create a plan to invest in priority upgrades. Areas for investment may include technologies such as screen readers, machine captioning, or automated transcription software; mobility supports such as ramps and accessible washrooms; or reduced sensory rooms. Over half of the accommodations for people living with disabilities cost $500 or less, and federal funding is available for larger projects.
2. Identify and address potential pay gaps. Statistics Canada found that among Canadians 16 years of age and older, individuals living with disabilities earn 21.4% less than those without disabilities. One of the best ways to address employee pay gaps among under-represented groups, including individuals living with disabilities, is through compensation transparency, which can level the playing field and improve employee retention and work wellbeing overall.
3. Embrace flexibility. Disability activists have long argued that employers can effectively fill many jobs with remote or hybrid workers. Now, as workplaces find a balance in today’s post-pandemic “new normal,” maintaining flexible working conditions can help break down barriers for employees living with disabilities and open up a broader, more diverse candidate pool. When considering the right balance of remote and in-person work for your organization, assess where and when you want your work performed and how you can maintain flexibility to meet the needs of employees living with disabilities better.
4. Improve ergonomics for all employees. Offer better support to all employees with adequate ergonomic tools that can prevent work-related injuries and improve employee productivity. Depending on the nature of the work, options can include:
   • ergonomic keyboards and mouses
   • chair options for different body shapes and sizes
   • adjustable height desks
   • monitor arms and laptop stands
   • noise-cancelling headsets
5. Make accessibility a selection criterion for new product and technology investments. The future of work will have us working with new tools and technologies, from AI to innovative collaboration and communication platforms. As you consider investments and upgrades, evaluate whether they’re disability-friendly. If a technology vendor doesn’t support assistive technologies such as screen readers, ask whether accessibility upgrades are part of their product roadmap.

What is “reasonable accommodation” for your business? 

Reasonable accommodation for disability varies according to business and role type. Look to your employees for input and feedback on your accommodation strategies, using mechanisms like pulse surveys to get a real-time read on employee sentiments, and have an open door policy for immediate concerns. Be sure to showcase your accessibility efforts as part of your Diversity, Equity, Inclusion, and Belonging (DEIB+) strategy for employees, employer branding efforts, and company page to help you connect with job seekers.

While our research shows that many working Canadians living with disabilities don’t feel adequately supported by their employers, you can overcome this challenge. With a commitment to inclusion and accessibility, employers can create an environment where all employees can thrive.