Effective Date: April 1, 2018
Responsibility: Vice-President, People and Culture
Disability: A physical or mental incapacity that limits a person’s physical or psychological functioning.
Undue Hardship: An action requiring a significant difficulty or expense with respect to an employer’s duty to accommodate an individual. Key considerations in assessing hardship include:
- Health and safety risks;
- Financial cost(s);
- Disruption of a collective agreement;
- The interchangeability of the workforce and workplace facilities;
- Significant impact on other employees;
- Operational requirements of the workplace.
RULES AND PROCEDURES
Note: Governing policies and procedures for unionized employees found in the applicable collective agreements apply if they differ from this policy and its subsidiary instruments.
- An employee or an applicant requiring an accommodation must make a request to his/her manager, or to the recruiter assigned to staffing the position.
- CBC/Radio-Canada is entitled to request sufficient information to provide effective accommodation, including validation of the need for accommodation, functional limitations, safety issues and identification of reasonable appropriate types of accommodation (where possible). Failure to provide the requested information could result in the accommodation being denied.
- In the case of disability, medical evidence must be presented to the Disability Management department to establish the nature of the accommodation required.
- Accommodation consultations must include the individual concerned, the manager, Human Resources, and a union representative (where applicable). When required, and with the individual’s consent, the Corporation may request external expertise, at the Corporation’s expense.
- The employer, the employee and the union (where applicable) are responsible for cooperating in trying to determine and implement accommodation.
- Reasonable accommodation proposed by the employer may not be the employee’s preferred option, but it should represent both the employer’s provision of an appropriate accommodation solution and the employee’s cooperation and collaboration to find accommodation. If the employee to be accommodated is a member of a bargaining unit, the union must co-operate with the accommodation process in finding a viable accommodation option, even if it requires adjustments in the interpretation and application of the collective agreement.
- For physical or workstation accommodation, the manager must consult all relevant sectors (such as Health, Safety and Environment, Supply Management and Media Technology and Infrastructure Services).
- The manager must periodically review the accommodation to evaluate its ongoing necessity and appropriateness, further supported by medical evidence in the case of disability.
- If the accommodation measures need to be changed (e.g., the solution has not worked as it was intended, changes in the individual’s needs, the job itself has changed), modifications to the arrangements must be explored.
- Typically the cost of an accommodation is the responsibility of the departmental budget. If the departmental budget is unable to cover the accommodation, the manager is entitled to request funding assistance within his/her own component and, in extraordinary circumstances, to both the Vice-President, People and Culture and the Executive Vice-President and Chief Financial Officer.
- Reasonable accommodation measures will be provided, to the point of undue hardship.
In cases of a job restructuring, the manager must determine if the employee can perform his/her job without modifications; if the employee cannot, the manager must determine:
- whether he/she is able to perform the essential functions with reasonable appropriate modifications;
- whether he/she is able to perform another existing and available job in its existing form;
- whether he/she is able to perform the essential functions of another existing and available job with appropriate accommodation.
Note: An assignment outside the employee’s affiliation in the location may be considered only after all other reasonable options of accommodation within the affiliation have been exhausted. In such a case, any unions involved must cooperate in the accommodation process and take reasonable measures to facilitate the integration of the employee in his/her new work environment.
All questions pertaining to the interpretation of this Rules and Procedures should be referred to the local Human Resources office.