MANAGERS’ GUIDE TO REASONABLE ACCOMMODATION

1 MANAGERS GUIDE TO REASONABLE ACCOMMODATION April 2019 Page | 2 | Managers GUIDE to REASONABLE ACCOMMODATION Table of Contents Managers GUIDE to REASONABLE ACCOMMODATION .. 1 Introduction and Purpose .. 3 Background and 5 Responsibilities .. 6 Deputy Minister Responsibilities .. 6 BC Public Service Agency (BCPSA) Responsibilities .. 6 manager and Supervisor Responsibilities .. 7 Employee Responsibilities .. 8 Union Responsibilities .. 9 A General Process for Managers .. 10 Step 1: Recognize the Need for ACCOMMODATION .. 10 Step 2: Gather Relevant Information and Assess Needs .. 10 Step 3: Make an Informed Decision .. 11 Step 4: Implement the Decision .. 12 Step 5: Follow Up and Keep Records.

2 12 The Importance of Documentation .. 13 Discretion: Balancing Privacy and the Right to Information .. 14 Conclusion .. 16 Examples .. 17 Page | 3 | Managers GUIDE to REASONABLE ACCOMMODATION Introduction and Purpose The Managers GUIDE to REASONABLE ACCOMMODATION is intended for managers and supervisors of the BC Public Service. The GUIDE is key to being an inclusive employer, to respond effectively to individual ACCOMMODATION needs, fulfill responsibilities and meet Corporate Plan goals. The BC Human Rights Code (the Code ) protects and promotes human rights in British Columbia. The Code recognizes that all persons are equal in dignity, rights and responsibilities. Under the Code, discrimination refers to treatment of an individual, or a group of individuals, who are singled out and treated adversely or differently than others based on one or more of the protected grounds.

3 In the employment context, the protected grounds are: Indigenous identity race colour ancestry place of origin age political belief religion marital status family status sex sexual orientation physical or mental disability gender identity or expression criminal or summary conviction offences unrelated to the employment or the intended employment of that person Managers and supervisors should keep in mind that there are various avenues to support employees other than the formal ACCOMMODATION process described in this GUIDE . The BC Public Service promotes work arrangements such as flexible workplaces and flexible schedules. Work Arrangements provide the flexibility that may attract and retain valuable workers by informally accommodating diversity, providing work/life balance and boosting employee morale and productivity.

4 Protection is intended to ensure equitable access to employment opportunities and fair treatment in the workplace. ACCOMMODATION refers to modifying employment requirements, rules or policies that could be considered discriminatory because they have a negative effect on an individual or protected group. Satisfying this legal duty1 requires managers to be respectful, attentive, flexible and comprehensive. Employers must accommodate employees with a demonstrated need up to the point of undue hardship. 1 This document does not constitute legal advice but is intended for use as a decision-making tool for managers to meet their legal duty to accommodate while acknowledging that ACCOMMODATION is always decided on a case-by-case basis.

5 Note: As a service provider, the BC government is also required to provide services to clients free of discrimination. However, services-related issues are beyond the scope of this GUIDE . This GUIDE only addresses discrimination and ACCOMMODATION in the context of employment in the BC Public Service. Page | 4 | Managers GUIDE to REASONABLE ACCOMMODATION The duty to accommodate can arise at any point in the employment relationship: it may apply to hiring and dismissal decisions and terms and conditions of employment, including job duties, and general workplace rules and policies. This document can assist managers and supervisors in: 1. Identifying when a duty to accommodate arises. 2. Following a REASONABLE and appropriate ACCOMMODATION process.

6 3. Determining when the duty has been met. When individuals are able to be themselves at work, they engage fully in their work and as part of the team. Managers and supervisors play an important role in setting the tone at the workplace and promoting a positive work culture. A supportive environment can significantly impact an individual s engagement in the organization. Open, effective communication, as well as clear channels for feedback, optimize the opportunity for discussion of issues related to inclusion and ACCOMMODATION . Page | 5 | Managers GUIDE to REASONABLE ACCOMMODATION Background and Context The BC Public Service is committed to recruit and develop a well-qualified and efficient public service that is representative of the diversity of the people of British Columbia (Public Service Act).

7 As outlined in the Corporate Plan, which sets out strategic context and priorities for building a strong public service, the BC Public Service has a unique responsibility to be inclusive as on of the largest employers in the province and to set an example for other employers. It is an opportunity and responsibility to consistently demonstrate our commitment to inclusiveness and embrace diversity. Our legislation, collective agreements and human resource policy statements require employees to treat each other with respect and dignity, to refrain from discriminatory conduct protected by the Code, to work in ways consistent with the corporate values of the BC Public Service and to ensure that we recognize unique styles, perspectives, beliefs and creativity that support a diverse, respectful, inclusive and collaborative work environment.

8 These policy statements and collective agreements include: Standards of Conduct Accountability Framework for Human Resource Management Discrimination, Bullying and Harassment in the Workplace Occupational Safety and Health Managing Health-Related Absences BCGEU Collective Agreement PEA Collective Agreement Legislation o Public Service Act o BC Human Rights Code o Canadian Charter of Rights and Freedoms o Workers Compensation Act o Information Management Act o Freedom of Information and Privacy Protection Act Page | 6 | Managers GUIDE to REASONABLE ACCOMMODATION Responsibilities Every employee is unique and has diverse needs in the workplace; however, managers and supervisors are legally required to accommodate if the request is linked to a characteristic that is protected by the Code.

9 In most cases, accommodating employees is not a complicated process. Many situations can be resolved informally through conversation and open communication. Employees value communication not just about their roles and responsibilities but also about what happens in their lives outside of work. The best managers get to know their employees and help them feel comfortable talking about any subject. An inclusive workplace is one in which people feel safe and supported. Deputy Minister Responsibilities Deputy Ministers carry primary responsibility for people management in the public service. As such, their role is to create and maintain a supportive culture which is committed to the principles and spirit of diversity and inclusion that recognizes the value and importance of ACCOMMODATION .

10 It is the responsibility of Deputy Ministers or their delegates to: Ensure that human resource management responsibilities are carried out in a manner consistent with applicable policy, legislation, and collective agreements. Support the integrity of the principles and process. Ensure the necessary structure and resources are in place to support the process. Ensure the fulfillment of the employer's obligation to accommodate an employee, up to the point of undue hardship. Public Service Agency (PSA) Responsibilities While accommodating most employees is not a complicated process, workplace ACCOMMODATION can be a complex matter and may require the input of multiple service lines within the PSA. Do not hesitate to reach out for support and guidance.