Information on Employment: Accommodation and Disability

[Kizzie]

A new member just posted about problems with getting his employer to put in place accommodations and I realized we don't have much info at all about this, partly because we are from different countries, but also because few of us have any knowledge/ experience to draw on.

I've started this thread in the hopes that we can gather some links to info about what is an important issue for so many of us. If you do have a link, please add it below and note the country (and state, province, etc) it pertains to please and I will add it to this sticky so that hopefully we can build a helpful list over time.   

• Australia
• Canada
• United Kingdom
• United States

[Three Roses]

 

[movementforthebetter]

I am in Canada, and every province's labour standards are different, so you would really need to dig based on location. Here's some places to start:

Canada
://www.psc-cfp.gc.ca/plcy-pltq/guides/assessment-evaluation/apwd-eph/ch8-7-eng.htm

www.esdc.gc.ca/eng/disability/arc/reference_guide.shtml

www.canadabenefits.gc.ca/f.1.2cw.3zardq.5esti.4ns@.jsp

www.tbs-sct.gc.ca/psm-fpfm/ve/dee/dorf-eng.asp

://www.chrc-ccdp.ca/eng/content/duty-accommodate


https://en.m.wikipedia.org/wiki/Reasonable_accommodation


Ontario
www.ohrc.on.ca/en/iv-human-rights-issues-all-stages-employment/9-more-about-disability-related-accommodation

Alberta
://www.albertahumanrights.ab.ca/publications/bulletins_sheets_booklets/bulletins/duty_to_accommodate.asp

British Columbia
www.heretohelp.bc.ca/visions/workplaces-vol5/human-rights-and-employer-responsibility-to-accomodate-disability-in-the-workplace

Québec

www.cdpdj.qc.ca/en/droits-de-la-personne/droits-pour-tous/Pages/accommodement_demandes.aspx

Added by Kizzie:

Background information - Unlike the US, Canada does not have a separate act for persons with disabilities.  The rights of the disabled are contained in the following federal legislation, and in provincial and territorial human rights codes:
 

• Canadian Charter of Rights and Freedoms - http://laws-lois.justice.gc.ca/eng/const/page-15.html
• Canadian Human Rights Act - http://laws-lois.justice.gc.ca/eng/acts/h-6/page-1.html#h-

The Canadian Human Rights Commission is tasked with protecting Canadians' rights against discrimination which includes disabilities and is subject to the "duty to accommodate." 

• CHRC - http://www.chrc-ccdp.ca/eng/content/i-want-know-more-about-human-rights
• Duty to accommodate - http://www.chrc-ccdp.gc.ca/eng/content/what-duty-accommodate-and-how-can-it-help-me

National, non-government organizations:

• Council of Canadians with Disabilities - http://www.ccdonline.ca/en/
• Barrier Free Canada - http://barrierfreecanada.org/home/
• Canadian Abilities Foundation (http://abilities.ca/about-us/)
• The Canadian Disability Policy Alliance (http://www.disabilitypolicyalliance.ca/federal_policy_team/federal_canadianswithdisabilitiesact/canadians-with-disabilities-act.html)

[movementforthebetter]

(thanks for starting this, kizzie!)

[Kizzie]

Wow MFTB, tks for all the links!      I am also Canadian  (  fellow Canuck), and came up with a few too so am going to amalgamate them in the sticky above.

Edited to add:  Nope, it's going to get too big if I try and put it all in one sticky so I'll see if I can figure out another way to do this. 

[Kizzie]

Americans with Disabilities Act
Accommodation and Compliance Series: Employees with Post Traumatic Stress Disorder (PTSD)
http://askjan.org/media/ptsd.html and download pdf here - http://askjan.org/media/downloads/PTSDA&CSeries.pdf

Job Accommodation Network
Toll Free: (800)526-7234; TTY: (877)781-9403; Fax: (304)293-5407
jan@AskJAN.org; http://askjan.org

The Job Accommodation Network (JAN) is a free consulting service that provides information about job accommodations, the Americans with Disabilities Act (ADA), and the employability of people with disabilities.

Office of Disability Employment Policy
Toll Free: (866)633-7365; TTY: (877)889-5627; Fax: (202)693-7888
http://www.dol.gov/odep/

The Office of Disability Employment Policy (ODEP) is an agency within the U.S. Department of Labor. ODEP provides national leadership to increase employment opportunities for adults and youth with disabilities while striving to eliminate barriers to employment.

[Kizzie]

Disability Discrimination Act 1992 - https://www.legislation.gov.au/Series/C2004A04426

Australian Human Rights Commission

• Phone: (02) 9284 9600 or 1300 369 711; TTY: 1800 620 241 (toll free); Fax: (02) 9284 9611


• Email: communications@humanrights.gov.au;
• Website: www.humanrights.gov.au


• Complaint Info line: 1300 656 419 (local call); Email: complaintsinfo@humanrights.gov.au; Online: You can make a complaint online by going to
  www.humanrights.gov.au/complaints_information/online_form/index.html.


• "About disability rights" - https://www.humanrights.gov.au/our-work/disability-rights/about-disability-rights


• "Know your rights: Disability discrimination" - https://www.humanrights.gov.au/know-your-rights-disability-discrimination


• "Earning a Living" - https://www.humanrights.gov.au/dda-guide-earning-living

National Association of Community Legal Centres (NACLC) – Contact details for the nearest Disability Discrimination Legal Centre

[Kizzie]

The Equality Act 2010: 

• http://www.legislation.gov.uk/ukpga/2010/15/contents
• https://www.gov.uk/guidance/equality-act-2010-guidance
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85038/disability-definition.pdf

Human Rights Commission - https://www.equalityhumanrights.com/en/advice-and-guidance/guidance-workers

UK Advisory, Conciliation and Arbitration Service (ACAS) - provides free and impartial information and advice to UK employers and employees on all aspects of workplace relations and employment law - http://www.acas.org.uk/index.aspx?articleid=1363

[Angelica]

I have a difficult time gaining and keeping employment, I went to the people who assist those with disabilities to get assistance but they said they could not help me.  do I need to have some kind of official diagnosis I wonder in order to gain assistance? 

[Kizzie]

Yes, in most if not all cases you would need a diagnosis and that may be a bit of problem given that Complex PTSD has not officially been identified as a separate construct from PTSD in either of the two main diagnostic manuals most organizations use (see here - http://www.outofthestorm.website/the-diagnosis-of-complex-ptsd).   

That said, PTSD is in both manuals and CPTSD does share three major symptoms with it (see here - http://www.outofthestorm.website/symptoms/) so it's a relevant diagnosis, just not completely accurate.

[Bee123]

Thank you for posting this.
I am a US federal employee and currently tangled in a web of mess trying to get my FMLA and work accommodation extended without having to disclose my diagnosis and full explanation (as to why I can't concentrate or be around people/co-workers for 8 hours continuously) to my direct supervisor. Even when HR and my therapist are in contact, my supervisor still wants to know.

[Kizzie]

Sorry to hear that Bee, is it illegal for your supervisor to ask/push?

If you have the time and inclination to post more about your situation it would be helpful for other US mbrs (and from other countries)  to hear.  Plus I think the more we bring matters like this to the forum, the more we will begin to know about our legal rights, how to make our way through the system re employment accommodation, disability, etc.

[Boatsetsailrose]

Hi kizzie and others ...
Could anyone provide any links for the UK ?I'd be most grateful

[Kizzie]

Hey Boats 

Here you go - http://cptsd.org/forum/index.php?topic=4876.msg29663#msg29663.

[Boatsetsailrose]

Thanks kizzie id like to.add some links as i go along on my journey.
I don't seem able to post under UK specifically as it leads to the main feed ...is that correct do u know ?