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22
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Recruitment – General
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22. Every employer shall notify its employees and the public about the availability of accommodation for applicants with disabilities in its recruitment processes.
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The Canadian Bar Association will notify employees and the general public of the availability of accommodation for applicants with disabilities in the recruitment process.
Action Plan: Existing recruitment policies, procedures and processes will be reviewed and modified as necessary. Both our website and all internal and external job postings will specify that accommodation is available upon request.
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January 1, 2016 -
Complete Dec 31, 2020
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23
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Recruitment, Assessment or Selection Process
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23.(1) During a recruitment process, an employer shall notify job applicants, when they are individually selected to participate in an assessment or selection process, that accommodations are available upon request in relation to the materials or processes to be used.
(2) If a selected applicant requests an accommodation, the employer shall consult with the applicant and provide or arrange for the provision of a suitable accommodation in a manner that takes into account the applicant‘s accessibility needs due to disability.
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The Canadian Bar Association will notify job applicants, upon being selected to participate in an assessment or selection process, that accommodation is available upon request in relation to the materials or processes being used.
Action Plan: Existing recruitment policies, procedures and processes will be reviewed and modified as necessary.
An availability of accommodation notice will be included in the scheduling of an assessment and/or interview.
Where a selected applicant requests an accommodation, the Canadian Bar Association will consult with the applicant and arrange for the provision of suitable accommodations in a manner that takes into account the applicant’s accessibility needs due to disability.
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January 1, 2016
Complete Dec 31, 2020
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24
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Notice to Successful Applicants
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24. Every employer shall, when making offers of employment, notify the successful applicant of its policies for accommodating employees with disabilities.
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The Canadian Bar Association will notify successful applicants of its policies for accommodating employees with disabilities when making offers of employment.
Action Plan: The Canadian Bar Association’s policies on accommodating employees with disabilities will be included in the Policy Manual, and will be included with offers of employment.
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January 1, 2016
Complete Dec 31, 2020
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25
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Informing Employees of Supports
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25.(1) Every employer shall inform its employees of its policies used to support its employees with disabilities, including, but not limited to, policies on the provision of job accommodations that take into account an employee‘s accessibility needs due to disability.
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The Canadian Bar Association will inform all employees of its policies to support employees with disabilities including, but not limited to, policies on the provision of job accommodations that take into account an employee‘s accessibility needs due to disability.
Action Plan: The Canadian Bar Association will inform current employees and new hires of its policies supporting employees with disabilities, and will provide information under this section as soon as practicable after new employees begin employment – specifically, during orientation sessions.
The Canadian Bar Association will keep employees up to date on changes to existing policies on job accommodations with respect to disability.
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January 1, 2016
Complete Dec 31, 2020
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25
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25.(2) Employers shall provide the information required under this section to new employees as soon as practicable after they begin their employment.
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January 1, 2016
Complete Dec 31, 2020
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25
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25.(3)Employers shall provide updated information to its employees whenever there is a change to existing policies on the provision of job accommodations that take into account an employee‘s accessibility needs due to disability.
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January 1, 2016
Complete Dec 31, 2020
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26
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Accessible Formats & Communication Supports for Employees
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26.1 In addition to its obligations under section 12, where an employee with a disability so requests it, every employer shall consult with the employee to provide or arrange for the provision of accessible formats and communication supports for,
- information that is needed in order to perform the employee‘s job; and
- information that is generally available to employees in the workplace.
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Where an employee with a disability so requests it, the Canadian Bar Association will provide or arrange for the provision of suitable accessible formats and communication supports for the information that is needed in order to perform the employee’s job, and information that is generally available to employees in the workplace.
In meeting its obligation to provide such information, the Canadian Bar Association will consult with the employee making the request in determining the suitability of an accessible format or communication support.
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January 1, 2016
Complete Dec 31, 2020
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26
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26.2. The employer shall consult with the employee making the request in determining the suitability of an accessible format or communication support.
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January 1, 2016
Complete Dec 31, 2020
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27
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Workplace Emergency Response Information
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27.(1) Every employer shall provide individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized information is necessary and the employer is aware of the need for accommodation due to the employee‘s disability.
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Where the Canadian Bar Association is aware that an employee has a disability and requires accommodation, individualized workplace emergency response information will be provided to the employee as soon as practicable if such information is necessary.
Action Taken: Individualized workplace emergency response information procedures have been developed.
Individual Emergency Response Forms have been developed for employees who disclose a disability and who are being accommodated according to their disabilities.
With the employee’s consent, the Canadian Bar Association provides the disabled employee’s workplace emergency response information to the person(s) designated to provide assistance.
The Canadian Bar Association has established processes to provide the information required under Section 27 as soon as practicable after becoming aware of an employee’s need for accommodation due to disability.
The Canadian Bar Association has a process in place to review an employee’s individualized workplace emergency response information as per the Regulation.
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January 1, 2012
Complete Dec 31, 2020
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27
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(2) If an employee who receives individualized workplace emergency response information requires assistance and with the employee‘s consent, the employer shall provide the workplace emergency response information to the person designated to provide assistance to the employee.
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January 1, 2012
Complete Dec 31, 2020
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27
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(3) Employers shall provide the information required under this section as soon as practicable after the employer becomes aware of the need for accommodation due to the employee‘s disability.
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January 1, 2012
Complete Dec 31, 2020
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27
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(4) Every employer shall review the individualized workplace emergency response information,
(a) when the employee moves to a different location in the organization;
(b) when the employee‘s overall accommodations needs or plans are reviewed; and
(c) when the employer reviews its general emergency response policies.
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January 1, 2012
Complete Dec 31, 2020
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28
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Documented Individual Accommodation Plans
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28.(1) Employers, other than employers that are small organizations, shall develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities.
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The Canadian Bar Association will develop and implement the use of documented individual accommodation plans for employees with disabilities.
The Canadian Bar Association will ensure that the process for the development of such plans include the elements set out in Section 28(2).
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January 1, 2016
Complete Dec 31, 2020
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28
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28 (2) The process for the development of documented individual accommodation plans shall include the following elements:
- The manner in which an employee requesting accommodation can participate in the development of the individual accommodation plan.
- The means by which the employee is assessed on an individual basis.
- The manner in which the employer can request an evaluation by an outside medical or other expert, at the employer‘s expense, to determine if and how accommodation can be achieved.
- The manner in which the employee can request the participation of a representative from their bargaining agent, where the employee is represented by a bargaining agent, or other representative from the workplace, where the employee is not represented by a bargaining agent, in the development of the accommodation plan.
- The steps taken to protect the privacy of the employee‘s personal.
- The frequency with which the individual accommodation plan will be reviewed and updated and the manner in which it will be done.
- If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee.
- The means of providing the individual accommodation plan in a format that takes into account the employee‘s accessibility needs due to disability.
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January 1, 2016
Complete Dec 31, 2020
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29
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Return to Work Process
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29.(1) Every employer, other than an employer that is a small organization,
- shall develop and have in place a return to work process for its employees who have been absent from work due to a disability and require disability-related accommodations in order to return to work; and
- shall document the process.
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The Canadian Bar Association will review and, if applicable, modify its existing policies on facilitating an employee’s return to work after absenteeism due to disability. This return to work process will be documented as per the Regulation.
Action Plan: The Canadian Bar Association will ensure that its return to work process outlines the steps it will take to facilitate an employee’s return to work after absenteeism due to a disability, and will ensure that the process includes the use of individual accommodation plans.
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January 1, 2016
Complete Dec 31, 2020
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29
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29. (2) The return to work process shall,
- outline the steps the employer will take to facilitate the return to work of employees who were absent because their disability required them to be away from work; and
- use individual documented accommodation plans, as described in section 28, as part of the process.
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January 1, 2016
Complete Dec 31, 2020
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29
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29. (3) The return to work process referenced in this section does not replace or override any other return to work process created by or under any other statute.
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January 1, 2016
Complete Dec 31, 2020
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30
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Performance Management
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30.(1) An employer that uses performance management in respect of its employees shall take into account the accessibility needs of employees with disabilities, as well as individual accommodation plans, when using its performance management process in respect of employees with disabilities.
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The Canadian Bar Association will take the accessibility needs of employees with disabilities and, as applicable, their individualized accommodation plans, into account when assessing performance.
Action Plan: The Canadian Bar Association will review and assess its current performance management processes, and ensure that accessibility criteria are included in any future performance management training and/or workshops.
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January 1, 2016
Complete Dec 31, 2020
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31
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Career Development & Advancement
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31.(1) An employer that provides career development and advancement to its employees shall take into account the accessibility needs of its employees with disabilities as well as any individual accommodation plans, when providing career development and advancement to its employees with disabilities.
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The Canadian Bar Association will take the accessibility needs of employees with disabilities and, as applicable, their individualized accommodation plans, into account when providing career development and advancement to its employees with disabilities.
Action Plan: Internal job postings will include notification of the ability to provide accommodations.
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January 1, 2016
Complete Dec 31, 2020
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32
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Redeployment
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32.(1) An employer that uses redeployment shall take into account the accessibility needs of its employees with disabilities, as well as individual accommodation plans, when redeploying employees with disabilities.
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The Canadian Bar Association will take the accessibility needs of employees with disabilities and, as applicable, their individualized accommodation plans, into account when redeploying employees with disabilities.
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January 1, 2016
Complete Dec 31, 2020
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