Disability Accommodation in the Workplace

1.0      BACKGROUND AND PURPOSE

1.1      This policy responds to SFU’s obligations under British Columbia’s Human Rights Code to accommodate Employees with Disabilities.

1.2      The University is committed to providing an employment environment in which persons with (a) Disability(ies) may:

1.2.1      equitably participate in employment;

1.2.2      fully participate in the range of activities offered by the University; and

1.2.3      be able to achieve their full potential as members of the University community.

2.0      GLOSSARY

Disability means a permanent, temporary or episodic physical, psychiatric or neurological impairment, whether congenital or resulting from injury or illness, which causes the individual to experience restrictions or limitations on their ability to perform life activities.

Employee means a full- or part-time member of the faculty or staff of the University.

Reasonable Accommodation means the modification or extension of University resources to mitigate the effects of the Disability(ies), to enable an Employee with a Disability to perform the essential functions of their role. Reasonable Accommodation may not necessarily be the Employee’s preferred accommodation.

SFU or University means Simon Fraser University.

Undue Hardship means the point at which it is too unsafe, difficult, or expensive to remove barriers so people can participate in work or other areas of daily life. The point of undue hardship depends on the circumstances of each situation.¹ Undue Hardship will be interpreted in the manner that this term has been interpreted under applicable law.

3.0      SCOPE AND JURISDICTION

3.1      This policy applies to all Employees of the University.

4.0      POLICY

4.1      The University is committed to fostering an inclusive work environment where all Employees have equal access to opportunities. To support this commitment, the following principles outline the shared responsibility between the University and its Employees in ensuring that Reasonable Accommodations are provided to Employees with Disabilities:

4.1.1          The needs of persons with Disabilities shall be accommodated in a manner that respects their dignity and their right to privacy.

4.1.2          The duty to accommodate is a shared responsibility between the Employee and the University.

4.1.3          The primary objective of this policy is to enable Employees to perform the essential functions of their current or a similar position.

4.1.4          The Employee has a responsibility to communicate their accommodation needs at the earliest possible opportunity, to provide the appropriate and necessary documentation, and to cooperate and participate in finding an appropriate solution and implementing accommodation.

4.1.5          The University has the primary responsibility to provide Reasonable Accommodation subject to bona fide occupational requirements and without incurring Undue Hardship.

4.1.6          All individuals having the authority to make or influence employment decisions have the responsibility to consider accommodation options, as appropriate, based on bona fide occupational requirements and their obligations under the Human Rights Code.

4.1.7          This policy will be implemented in accordance with its associated procedures.

5.0      OTHER REFERENCE DOCUMENTS

5.1      The legal and other University Policy authorities and agreements that may bear on the administration of this policy and may be consulted as needed include but are not limited to:

  5.1.1      Accessible British Columbia Act, S.B.C. 2021, c. 19

  5.1.2      Employment Equity Policy (GP19)

  5.1.3      Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165

  5.1.4      Human Rights Code, R.S.B.C. 1996, c. 210

  5.1.5      Human Rights Policy (GP18)

  5.1.6      University Act, R.S.B.C. 1996, c. 468

6.0      REPORTING

6.1      A report reflecting aggregate data on workplace health statistics and financial impact and trends for the University will be made available annually.

7.0      INTERPRETATION

7.1      Questions of interpretation or application of this policy or its procedures shall be referred to the President whose decision shall be final.

8.0      REVISION HISTORY AND MANDATED REVIEW DATE

8.1      This policy must be reviewed every 5 years and may always be reviewed as needed.