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Addressing Accessibility Barriers With Remote Work Part II

This blog post is the second of two articles on disability and remote work. The first entry focused on some of the accessibility barriers that disabled employees face in the workplace, and how the normalisation of remote work has helped to overcome many of those barriers. This post considers what it means for disabled employees to return to in-person work now that many companies are adopting a hybrid model or mandating a return to the physical workplace. 

 
Since the onset of the COVID-19 pandemic, disabled employees have found that remote work gives them the opportunity to work in an environment that accommodates their needs more easily than working at the office. As I discussed in the first segment of this blog, disabled Canadians who qualify for employment remain vastly underrepresented in the workforce, and the inaccessibility of many work environments is a contributing factor. The widespread adaptation of remote work during COVID might just have provided a needed solution to overcoming some of these accessibility barriers. But now that many employers are implementing a return to the physical workplace, it’s worth questioning what this means for disabled employees.

It’s true that many people are experiencing feelings of isolation and are impatient for the chance to get out of the house, which can help to maintain a work-life balance. But a mandated return to the office may present a serious setback for disabled employees who have benefitted from the convenience of working from home. Remote work has contributed to both their physical and mental wellbeing, and after two years of operating out of what may be for them an optimal work environment, some disabled employees might be reluctant or unable to make the adjustment to working in-person, especially if they started a new position remotely and may not know what to expect at the office in terms of accessibility.

Employers may believe that in-person work is the best option for everyone, but the notion that jobs can only be performed in a physical workplace fails to take into account the experiences and concerns of disabled people. Granted, some industries are dependent upon in-person labour, but the past two years have proved that many jobs can in fact be performed remotely. Why should disabled members of the workforce be forced to return to the office when they can work equally, if not more efficiently, in an environment in which their needs are met?

We can see a similar phenomenon taking place in the post-secondary education system, as many institutions have shifted toward a return to the classroom over the past year. A workplace and an academic setting may be different environments in nature, but there is considerable overlap between a student’s ability to focus in class and succeed in their studies and an employee’s ability to perform their tasks and do their job well.

As a case in point, Anushay Sheikh filed a human rights claim against U of T Law before the Ontario Human Rights Commission. After accepting an offer of admission to the law school in 2021 and deferring acceptance for the fall 2022 semester, Sheikh soon ran into barriers when requesting accommodation from the university. As a student with disabilities, they requested access to Zoom links for lectures so that they could sometimes attend classes remotely on an as-needed basis. According to news reports on the case, U of T Law Faculty repeatedly refused on the basis that university programs are delivered in-person, and that the shift to online learning was only intended as a temporary COVID measure. The university technically has a system in place to provide lecture recordings for those who miss class for both COVID and non-COVID related reasons, but disabled students at U of T are still reporting that accommodation requests to learn remotely are being denied (Yousif & Frances, 2022). According to Sheikh, several of their professors were supportive, but the administration was ableist (Damte, 2022). After months of back-and-forth with the administration, Sheikh filed a human rights claim in January 2022.
“As someone that suffers from chronic pain flare ups, PTSD, and anxiety, the option of remote learning gives me the flexibility I need to navigate my symptoms,” Sheikh asserted in an email response to Journey to Diversity Workplaces. “[… B]eing able to make decisions about my health as an adult without asking permission from older white administrators will not only help my ability to access course material, but would also save a significant amount of distress that comes with asking people in positions of power for basic dignity.”

It’s easy to see how similar principles can be applied to members of the workforce and their requests to work from home. The COVID-19 pandemic has proved that many jobs can in fact be performed remotely, so there’s no substantial reason for employers to deny their workers the right to such accommodations, certainly not if a company is meant to uphold inclusive practices.
It’s also worth bearing in mind that a non-inclusive work culture or inaccessible workspace is likely to steer a disabled employee toward other companies and industries where they can be accommodated more easily, even if they might otherwise be the perfect candidate for a particular job. Such a culture will, in turn, inhibit a company’s ability to be more inclusive in the long run because of the lack of disabled voices on its team.

When asked by Journey to Diversity Workplaces about how disabled students can benefit from remote learning in the long run, Sheikh asserted: “[…] We live in a society that has perpetuated toxic work and study expectations, including not listening to your body and mind, not taking breaks, forcing yourself to conform to a specific learning style that may not work for you, etc. By adopting a universal design, one in which many different needs are met without requiring students to other themselves to get accommodations, universities can and will attract people who think in different ways. A diversity of thought is crucial to having a well rounded institution, and by extension, a well rounded and representative legal profession. It’ll also allow students, as adult human beings, to make decisions about their health and well-being. If that means learning from home to get the most out of a lecture, so be it.”

At the end of the day, a company’s internal inclusivity/anti-discrimination policies are meaningless if the environment is not accessible (Claus, 2021). Many workers are eager for a chance to return to the office, but leaving the option open for remote work for those who can benefit from it is one significant way in which employers can make their work culture more accessible. Disabled employees have been pushing for the opportunity to work remotely for a long time. Accommodating those requests is one way in which employers can show they are listening to the disabled voices on their team, and move towards a work culture that is more diverse and welcoming of everyone.

Sources

Berting, P. (2022, February 14). Law student files human rights claim against U of T over zoom link accessibility. The Varsity. Retrieved July 21, 2022, from https://thevarsity.ca/2022/02/14/human-rights-case-u-of-t-law-student-zoom/

Claus, C. (2021, October 4). How to Improve the Hiring Process & Create a More Inclusive Workplace, According to an Accessibility Support Engineer. InclusionHub. Retrieved July 21, 2022, from https://www.inclusionhub.com/articles/improve-hiring-process-create-inclusive-workplace

Damte, M. (2022, February 28). Inclusive Excellence? Recent Human Rights Tribunal Application Says Otherwise. Ultra Vires. Retrieved July 21, 2022, from https://ultravires.ca/2022/02/inclusive-excellence-recent-human-rights-tribunal-application-says-otherwise/

Peng, J., & Kiessel, L. (2020, October 27). For those with disabilities, shift to remote work has opened doors (video). The Christian Science Monitor. Retrieved July 14, 2022, from https://www.csmonitor.com/Business/2020/1027/For-those-with-disabilities-shift-to-remote-work-has-opened-doors-video

Yousif, N., & Francis, A. (2022, June 5). U of T Law is denying access to virtual classes, disabled students say – despite COVID-era shift to online learning. Toronto Star. Retrieved July 21, 2022, from https://www.thestar.com/news/gta/2022/06/05/u-of-t-law-is-denying-access-to-virtual-classes-disabled-students-say-despite-covid-era-shift-to-online-learning.html

This article was written by summer student Cossette Penner-Olivera and edited by summer student Bayden Summers. This article was funded by the Government of Canada.

Addressing Accessibility Barriers With Remote Work Part I

This blog post will be one of two articles on disability and remote work. This entry focuses on some of the accessibility barriers disabled employees face in the workplace, and how the normalisation of remote work has helped to overcome many of those barriers. The second blog post will consider what it means for disabled employees to return to in-person work now that many workplaces are adopting a hybrid model or mandating a return to the physical workplace.

More than two years into the COVID-19 pandemic, the shift to remote work has become a “new normal,” with many Canadians having adjusted to a work-from-home setting. But for many disabled employees, the opportunities that have arisen as a result of this shift are considerable.
The fact is, disabled employees have long been advocating for the right to work (Peng & Kiessel, 2020), but for the most part they’ve been turned down. This is partly because many employers believe that allowing for remote work will give disabled employees an unfair advantage over their able-bodied coworkers.

Despite the rising inclusivity in many work settings, some disabled employees may feel hesitant to ask for further considerations out of fear that they are asking too much, and should simply be grateful for those accommodations they have received. Well-meaning supervisors might still have overlooked efforts to make the workplace more accessible, simply by failing to consider the extent of accommodations that disabled employees really need. And that’s without considering the fact that most office buildings, especially old buildings, are designed without disabilities in mind. Employers might install access ramps, but that doesn’t change the unfortunate reality-that a building’s doorways might not be wide enough to allow passage for wheelchairs. Even the commute to get to work usually comes with barriers, such as a lack of elevators at some subway stations.

In Canada, the rights of disabled employees are protected under the Employment Equity Act (Canada.ca), but unfortunately, stigma toward disabled people remains, creating considerable barriers to equal employment opportunities. The belief that disabled people are less qualified or incapable of performing their duties as effectively as their able-bodied counterparts is a common one. And when it comes to the physical workplace itself, accommodations for disabled employees, like the provision of special chairs or modified work hours, are seen as too expensive or too complicated to manage.

Legislation doesn’t change the fact that disabled Canadians are disproportionately unemployed compared to able-bodied Canadians. The numbers speak for themselves: a 2017 survey by Statistics Canada found that there are approximately 645,000 disabled Canadians over the age of 15 who have the potential to work and yet are not currently employed. In the 25-64 age group, 80% able-bodied people are employed, whereas only 59% of disabled people in the same age range are employed (Morris et al., 2018).

Now that the world has largely shifted to working from home, many of those barriers have been reduced or have vanished completely for disabled employees, opening up opportunities that didn’t exist before the pandemic. Many disabled employees expressed that they could focus more easily and be more productive at work when given the opportunity to customise their workspaces to accommodate their needs freely (Peng & Kiessel, 2020). People with chronic pain, for example, can work in a setting that suits them best without having to sit for long periods of time in uncomfortable office chairs. Some able-bodied people believe that an employee needs to sit at a desk in order to be productive and to fit a certain image of professionalism, but that isn’t always the most comfortable setup for those with chronic pain.

When it comes down to it, there is a great deal of freedom to be found for disabled people in not having to request an employer who holds a position of power over them for special accommodations. Plus, it’s worth noting that many disabilities are invisible, and employees are not required to disclose their disabilities to an employer (although they still need to self-identify as disabled in order to count as a member of those groups protected by the Employment Equity Act). Remote work opens up further opportunities in this regard.

The removal of transportation and physical accessibility barriers is one obvious benefit to be reaped from remote work. In particular, those with pain and mobility-related disabilities are likely to benefit from not having to commute to an in-person workplace. But beyond that, thanks to remote work, people with all sorts of disabilities are able to work in an environment that best suits their needs.

The virtual nature of remote work allows employees to use assistive technology more easily than they might have done in the office. For example, Zoom’s closed captions function is enormously beneficial during meetings to employees who are Deaf or Hard of Hearing. Text-to-speech software serves to benefit employees with visual disabilities, speech disabilities, and learning disabilities like dyslexia The ability to work in a customised environment at home also benefits neurodivergent employees by removing the risk of sensory overload at the office. Some workplaces ban sensory tools like fidget spinners because of a lack of understanding of how neurodivergent people function best, but working at home allows people with ADHD to use them freely to improve focus and reduce stress.

Remote work is not a universal, permanent solution to the discrimination disabled people face when it comes to employment, nor should it exempt employers from continuing to implement inclusive practices and from making their workplaces accessible. We certainly shouldn’t use the possibilities presented by remote work as an excuse not to hold employers accountable for discriminatory behaviour. Education around disability that emphasises listening to disabled voices should become normalised regardless of whether people are working from home or from the office. But leaving the option open for remote work is one major way in which employers can ensure the equality of disabled people working in Canada and contribute to a more diverse workforce.

Sources

Farrer, L. (2022, March 30). Accommodating Disabilities In Remote And Hybrid Work. Forbes. Retrieved July 14, 2022, from https://www.forbes.com/sites/laurelfarrer/2022/03/30/accommodating-disabilities-in-remote–hybrid-work/?sh=3ecfde0f2c17

Government of Canada. (n.d.). Employment Equity Act. Justice Laws Website. Retrieved July 14, 2022, from https://laws-lois.justice.gc.ca/eng/acts/e-5.401/page-1.html

Howard, J. (2022, March 22). The benefits of remote work for people with disabilities. InclusionHub . Retrieved July 14, 2022, from https://www.inclusionhub.com/articles/benefits-of-remote-work

Morris, S., Fawcett, G., Brisebois, L., & Hughes, J. (2018, November 28). A demographic, employment and income profile of Canadians with disabilities aged 15 years and over, 2017. Statistics Canada. Retrieved July 14, 2022, from https://www150.statcan.gc.ca/n1/pub/89-654-x/89-654-x2018002-eng.htm#a5

Peng, J., & Kiessel, L. (2020, October 27). For those with disabilities, shift to remote work has opened doors (video). The Christian Science Monitor. Retrieved July 14, 2022, from https://www.csmonitor.com/Business/2020/1027/For-those-with-disabilities-shift-to-remote-work-has-opened-doors-video

This article was written by summer student Cossette Penner-Olivera and edited by summer student Ilesha Prabhudesai. This article was funded by the Government of Canada.

The Heart of Election Day

The Heart of Election Day

Working for Elections Ontario

In Ontario we recently participated in the exercise of democracy by casting ballots for members of the Legislative Assembly of Ontario. From there, the leader of the party with the most members becomes Premier of Ontario. Thus, democracy functions once more.

It was rather late in the election period, about two weeks before election day, when I decided I wanted a one-day job, which was on election day, working for Elections Ontario.

On June 7th, 2018 Elections Ontario was Ontario’s largest employer.

Elections Ontario is an independent agency of the Legislative Assembly of Ontario. However, the agency does have to follow all applicable laws with regards to employment and, in particular, in accessibility.

When I first called and spoke with the recruiter, she was excited. It was probably because she had one less person to find. Admittedly, Elections Ontario did a fantastic job advertising its open jobs for election day.

So, this recruiter and I talked for some time. It looked as if I was going to be a Deputy Returning Officer (DRO) in Oro-Medonte. This was driven by the fact that I both have a valid drivers license and a vehicle I can drive to the location.

However, when I revealed to the recruiter (whom I will not name,) that I was unable to help set up the polling location I would be working at the night before, due to medical requirements of a disability, the role of DRO was taken off the table.

No one mentioned to me about Elections Ontario’s “Workplace Accommodation Policy and Procedures” brochure, nor that there was a form (FO273) that I could file to ask for help. Does one expect the applicant to leap through all those hoops?

I do not know the training this recruiter had, but I imagine that it was similar to the training for my downgraded role as Information Assistant. (Jokingly referred to as Greeter.) So she must have read the brochure (FO277). It was mandatory.

Elections Ontario policy is to accommodate applicants and employees with disabilities who need workplace accommodations.

On June 7th, I arrived bright and early at my polling station, ready for the next 13 hours. The actual voting hours are 9 am – 9 pm. However, we had to be there an hour before for any final setup items. We also could not leave the premises at all during those times. Bathrooms were on site.

While I am frustrated that I did not get to carry out the DRO role, originally offered, I had a great day. I got to greet voters, help them with the process, and send them merrily on their way afterwards.
Poll Official - Elections Ontario

Since employment is short-term, individual accommodation plans will not be reviewed after the election is over.

I firmly believe that Elections Ontario has gone to great lengths to accommodate voters exercising their democratic right to vote. However, I do not believe that Elections Ontario has gone far enough to accommodate their very short term, one day employees, who just want to help out to ensure democracy prevails.

I think if I could talk directly to Greg Essensa, Ontario’s Chief Electoral Officer, then I would make the following recommendations:

  • Make the brochure on Workplace Accommodation Policy and Procedures available online. (FO277) (In doing my research for this article I could not find this brochure on the Elections Ontario or the Ontario Government websites.)
  • Make the requisite forms available online. (FO273)
  • Train your Recruitment Team to make mention of the brochure (FO277) one of the first things they talk about, just like the greeters ask for accessibility assistance when they greet voters at the door.
  • Ensure all polling stations have facilities for storing medications needed during the day both in regular temperatures and those requiring refrigeration.
  • Make a plan for DRO’s that cannot set up the night before.
  • Internally review individual accommodation plans post-election to spot opportunities for improvement.
  • In the end, we all want democracy to prevail! So, let us give democracy a hand and accommodate those one-day employees.

    This article was written by J2DW CEO Peter V Tretter and edited by volunteer editor Scott Jacobsen.

    This what happens when Ontario is more accessible

    Disabilities are a significant concern in Canada due to an aging Canadian population. Approximately 3.8

    Internal development of Canada's internal bord...
    Internal development of Canada’s internal borders, from the formation of the dominion to the present. (Photo credit: Wikipedia)

    million Canadians have a disability. The Accessibility for Ontarians with Disability Act, or AODA, was designed to improve the accessibility standards for Ontarians with disabilities. The Accessibility for Ontarians with Disabilities Act became law in 2005. The AODA was a statute enacted in 2005 for the purpose of improving accessibility standards for Ontarians with physical and mental disabilities by 2025. The AODA requires public and private sector organizations to comply with mandatory standards that remove and prevent barriers to accessibility for people with disabilities. From the AODA came the Accessibility Standards for Customer Service in 2007 and Integrated Accessibility Standards Regulation in 2012.

    The AODA is made up of five standards with a standard covering an aspect of daily living. These standards are the customer service, employment, design of public spaces, transportation, information and communication standards. The deadlines for compliance range from 2010 to 2021. The customer service standard was the first standard to come into effect and all of Ontario’s businesses should be compliant to this standard. Businesses are required to let the Canadian government know of their compliance by 2017.

    The customer service standard is intended to make an organization’s customer service operations accessible to disabled people. Accessibility is not just about complying with a law, but also about giving consumers with disabilities the opportunity to use or buy services. The customer service standard establishes requirements for the provision of accessible customer service. This standard applies to all organizations that provide goods or services either directly to the public or to other organizations and that have one or more employees in Ontario. The Integrated Accessibility Standards Regulation requires that private and not-for-profit businesses with fifty or more employees, who operate in Ontario, must provide accessible formats and appropriate communication for goods and services to people with disabilities. If services are unable businesses should let disabled people know how long disruption of these services are going to last. Customers should be asked about feedback regarding eliminating any barriers that may have been overlooked and it is important to respond to any feedback that is received. A business plan or policy should be posted publicly when a strategy is developed to eliminate barriers for the customers.

    The employment standard is intended to help organizations support and keep more skilled employees. The AODA defines an employee as someone who works seasonal, full-time, part-time, is contracted, or a non-volunteer. The purpose of the employment standard is to integrate accessibility into regular workplace process and to ensure that employers provide for accessibility across all stages of the employment cycle. This standard makes accessibility a normal part of finding, hiring and communicating with employees who have disabilities.

    The design of public spaces standard is an accessibility standard that is part of the AODA’s Integrated Accessibility Standards Regulation. This standard regulates the design of newly constructed or redeveloped spaces used by the public. The elements covered bythe design of public spaces standard include exterior spaces such as sidewalks and other pedestrian walkways, parking lots, outdoor public use eating areas, beach access routes, recreational trails and playgrounds. The requirements of this standard are also included for some design elements associated with providing public access to services.

    The transportation standard requires transportation services to prevent and remove barriers so that people with disabilities can more easily access transportation services across Ontario. Requirements for accessible transportation apply to organizations that offer transportation services to the public or to employees. Organizations providing transportation services are required to establish, implement, maintain, and document accessibility training policies or procedures that are specific to transportation-related duties concerning disabled people.

    The information and communication standard helps people with disabilities access sources of information that many of us rely on every day. The main goal of this standard is to promote an inclusive design of information and communication platforms. The information and communication standard specifies requirements to prevent and remove barriers to persons with disabilities when creating, conveying, distributing, obtaining and receiving various information or communication by organizations. Accessibility is not just about complying with the law.

    Workplaces should be compliant to the AODA standards. Ontario should be a place where everyone has a chance to be successful. An improvement in the accessibility of workplaces could create more job opportunities for disabled people which would significantly benefit Canadian workplaces. Training can implemented that will allow workplaces to understand these standards. Canada will benefit if everyone has access to places, people, and experiences. As the Canadian population ages, the number of people with disabilities will rise. It is estimated that seniors and people with disabilities represent twenty to twenty five percent of the Canadian recreation, retail, entertainment, workplace and housing marketplaces in the next ten years and beyond. Ontario benefits daily from the many contributions made by people with disabilities. Consumer spending increases when businesses are accessible which stimulates the Canadian economy. Greater accessibility can help to prepare Canada for a better future and also would provide a better quality of life within Canada.

    This article was contributed by volunteer blogger Shan Simpson