1. The Policy Statement

Canada Post will provide reasonable accommodation to the point of undue hardship for employees and prospective employees who have a need based on any prohibited ground in the Canadian Human Rights Act, in order to remove specific barriers to full participation in the workplace.

Canada Post will respond in a timely, effective, confidential and respectful manner to requests for individual workplace accommodation.

2. More about the Policy

The objective of this Policy is to make the work environment inclusive and non-discriminatory and to ensure that we have effective mechanisms for responding to the individual accommodation needs of existing and potential employees.

The duty to accommodate is the obligation of Canada Post Corporation to take the necessary steps to eliminate disadvantage to employees and applicants for employment resulting from a process, practice or physical barrier impacting on individuals or groups protected under the Canadian Human Rights Act, or who may be identified as belonging to a designated group under the Employment Equity Act.

Canada Post recognizes the benefits to productivity and service to its customers when the diverse backgrounds and abilities of all employees are recognized and encouraged in an open and supportive workplace. Similarly, Canada Post recognizes the potential pressure on productivity, customer service and employee morale in dealing with the growing number of accommodation requests, and the complex issues that may result.

Balancing the Corporation’s duty to accommodate with business requirements, operational commitments and collective agreement obligations is a significant ongoing challenge to the Corporation. To that end, Canada Post continues to focus on effective management of all aspects of accommodation, as outlined in this Policy, as a priority for the Corporation.

3. Definitions

Accommodation is the legal obligation of eliminating disadvantage to employees or prospective employees resulting from a policy, practice or physical barrier that has or may have an adverse impact on individuals or groups protected under the Canadian Human Rights Act.

Bona Fide Occupational Requirement means a standard or a rule that is integral to carrying out the functions of a specific position or is a mandatory requirement necessary for carrying out a particular job function.

Disability is defined under the Canadian Human Rights Act as any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or a drug.

Medical restrictions: Canada Post may require documentation from the employee’s doctor that specifically explains the functional or other limitations that require accommodation. If Canada Post has concerns or doubts about the information, it may ask for another opinion or for an outside expert’s assessment of the reasonableness of the restrictions.  Canada Post utilizes independent third party disability management providers, insurers and compensation boards for the assessment and review of medical information.

Substantive position refers to the position an employee is appointed to.

Team Leaders for the purpose of this Policy, includes Supervisors (unionized or non-unionized), Superintendents, all people Managers and Executives.

Undue hardship describes the limit beyond which employers and service providers are not expected to accommodate. “Undue hardship” implies that some hardship may be involved in fulfilling the duty to accommodate. Employers and service providers are expected to exhaust all reasonable possibilities for accommodation. For more details, see section 6-Undue Hardship.

Workplace refers to any location in which employees are engaged in the performance of their duties or in activities related to their duties.

4. Roles and Responsibilities

Corporate Human Rights Team is responsible for:

• Reviewing the Policy annually and reporting to the Board of Directors on any revisions to and compliance with the Policy and processes, in consultation with Disability Management Group;
• Monitoring policy content;  
• Liaising with the Canadian Human Rights Commission, external agencies and stakeholders;
• Providing awareness to stakeholders regarding Canada Post’s practices and procedures as it relates to the Duty to Accommodate Policy; and,
• Assisting the Regional Human Rights Team and other enablers as required.

Disability Management Policy Team is responsible for:

• Establishing Disability Management policies, practices and procedures and ensuring they are aligned with the Duty to Accommodate Policy and Practice;
• Ensuring process is understood by regional support team and consistently applied as it pertains to employee accommodations and job search;
• Tracking and monitoring accommodations related to disabilities and providing statistical reporting and program analysis;
• Participating in resolving complex disability management issues as required; and,
• Providing coaching to stakeholders regarding Canada Post’s practices and procedures related to disability management as it relates to the Duty to Accommodate Policy.

Team Leaders are responsible for:

• Ensuring that all employees and applicants are aware of the right to request accommodation and of the corporate processes that facilitate accommodation;
• Ensuring that employees or applicants are not disadvantaged as a result of requesting or requiring accommodation;
• Ensuring that the privacy rights of accommodated employees are respected on a need to know basis;
• Advising and involving Unions/Associations on the accommodation process, where applicable;
• Discreetly raising the issue of accommodation with an employee where there is reasonable cause to believe that accommodation is required but has not been requested;
• Complying with the Disability Management Process for cases of accommodating temporary or permanent disability;
• Assisting, with the help of Unions /Associations and other stakeholders as applicable, to identify reasonable accommodation;
• Implementing and overseeing the accommodation, and facilitating the integration of the employee into the accommodated position to ensure a supportive work environment; and,
• Monitoring compliance to corporate processes and escalating issues as required.

Employees and Applicants are responsible for:

• Requesting accommodation, including identifying, where possible, the types of accommodation that may be considered appropriate and doing so in a timely manner as per the Duty to Accommodate Practice;
• Providing documentation as required to support the accommodation request and clarify restrictions;
• Assisting and cooperating in their accommodation, including the obligation to accept reasonable accommodation (i.e. a reasonable accommodation which meets the needs of the employee and does not constitute undue hardship for the Corporation);
• Complying with the Disability Management Process for cases of accommodating temporary or permanent disability; and,
• Co-operating in workplace accommodation plans for other individuals that may affect their own duties.

Unions and Associations are responsible for:

• Assisting and co-operating in the accommodation process, as required.

Human Resources are responsible for:

• Informing and providing applicants with reasonable accommodation if required to enable participation in the hiring process.

Enablers and Other Resources (such as Human Resources, Labour Relations, Regional Human Rights Representatives, Workplace Safety & Health, Occupational Abilities, Privacy, Workers’ Compensation Specialists, and Employer Assistance Program (EAP)) are responsible for:

• Supporting, coaching, and providing direction in all aspects of the accommodation process as may be required to ensure corporate processes and legislative requirements are aligned;
• Supporting employees through the accommodation process;
• Identifying possible accommodation assignments; and,
• Providing guidance and direction in prevention and management of human rights and labour relations issues or potential issues.

5. Limits on the Duty to Accommodate

Canada Post, as an employer, has the right to ensure that accommodation results in an employee performing meaningful and productive work for the Corporation.

Canada Post management, employees, Unions and Associations have a responsibility to co-operate fully in all aspects of the accommodation process.

To that end:

• Canada Post expects competent work performance from an employee once that employee has been accommodated;
• Accommodation is intended to enable an employee to perform the essential duties of a particular job. Where possible, this will be within the employee’s substantive position;
• Certain duties of the work group may be re-balanced in order to provide meaningful productive work within an employee’s restrictions;
• Canada Post is not required to create a new or additional job, where one did not previously exist, in order to accommodate an employee;
• Canada Post is not required to bring in additional employees to a work group to compensate for an employee who is unable to perform the full duties of a job.

To ensure that all cases of temporary and long term accommodation receive ongoing oversight and support:

• Once implemented, all accommodation arrangements including accommodation for employees who have been designated permanently partially disabled (PPD) will be periodically re-evaluated to determine whether further adjustments or different arrangements are required or appropriate.

The application of this Policy does not constitute a guarantee of continued employment where accommodation is not possible or has reached the point of undue hardship.

6. Undue Hardship

Undue hardship exists when accommodation of the needs of an individual or a class of individuals affected would impose undue hardship on the Corporation who would have to accommodate those needs, considering health, safety and cost.

In addition to health, safety and cost, other factors that may also be considered when determining if the accommodation creates undue hardship include:

• the type of work performed;
• the size of the workforce;
• the interchangeability of job duties;
• financial ability to accommodate;
• the impact on a collective agreement;
• impact on employee morale; and,
• impact on ability to meet business requirements.

The factors listed above and their importance will vary from case to case.

A claim of undue hardship cannot be justified on the following reasons:

• discriminatory objections, such as other employees’ objections to accommodations based on prejudice or attitudes inconsistent with human rights values; or,
• threatened grievances by other employees.

7. Confidentiality

Requests for accommodation, including supporting documentation, will be treated as strictly confidential and will not be disclosed to other persons without the consent of the employee requesting accommodation, except where such disclosure is reasonably necessary for the effective implementation of the accommodation plan, or where disclosure is required by law. Canada Post complies with all requirements of the Privacy Act and the Access to Information Act to protect personal information.

Canada Post’s Employee Privacy Policy and Information Security Policy govern the collection, use, retention, disposal and disclosure of all employee personal information, regardless of whether the information is held in hard copy or digital form.

8. Collective Agreements

Accommodation is first sought within an employee’s bargaining unit. It is the joint responsibility of the employer and the Union/Association to find a solution with respect to any accommodation involving a conflict with an existing collective agreement.

Nothing in this Policy prevents any Union/Association from exercising its respective negotiated processes on behalf of any of its members.

9. Complaints and Appeals Process

Where an employee believes that his/her request for accommodation has not been handled in accordance with this Policy or the accompanying practice, or is not satisfied with the type of accommodation offered, the individual may raise their concerns to their Regional Human Rights Representative.

Nothing in this Policy prevents an employee from seeking recourse under any applicable complaint or grievance process. Individuals also have the right to submit complaints directly to the Canadian Human Rights Commission pursuant to the provisions of the Canadian Human Rights Act.

10. Reporting

• Annual Policy Compliance Report to the Board of Directors

11. Breach of Policy

All Canada Post employees at all levels are responsible for complying with this Policy. Failure to comply with this Policy will result in sanctions up to and including dismissal from Canada Post.

12. Regulatory Impact

• Employment Equity Act
• Canadian Human Rights Act
• Privacy Act
• Access to Information Act
• Canada Labour Code