The Employment Standards under the AODA and the Accessible Employment Standard under the Accessibility for Manitobans Act both require organizations to make employment processes and practices accessible to workers with disabilities. Moreover, both standards require many of the same processes and practices to ensure accessibility. However, there are many important differences between the standards. The third review of the AODA recommends that the Ontario government should coordinate with other provinces and the federal government to ensure that accessibility laws are consistent across Canada. Therefore, requirements in the AODA may one day change to align with mandates under the Accessibility for Manitobans Act. In this article, we will explore accessible performance management and career advancement in Ontario and Manitoba.
Accessible Performance Management and Career Advancement in Ontario and Manitoba
The AODA’s Employment Standards and the Accessible Employment Standard of the Accessibility for Manitobans Act (AMA) both require accessible performance management and career advancement. Performance management is a way for employers to help workers succeed by assessing their effectiveness and productivity. Employers with performance management processes must accommodate the needs of workers with disabilities when they implement their processes. In other words, when implementing performance management, employers must communicate in ways that take workers’ disabilities into account. Furthermore, employers must also take workers’ individual accommodation plans into account when providing performance management.
Similarly, employers implementing career advancement processes should also take workers’ accessibility needs and individual accommodation plans into account. Career advancement includes taking on new job responsibilities, or advancing to a higher position in the workplace.
Accessible Redeployment in Ontario
In addition, Ontario’s Employment Standards also require accessible processes for redeployment, or transfer to other positions in lieu of lay-off. Employers with redeployment processes must take workers’ accessibility needs and accommodation plans into account when redeploying workers to other positions. If Ontario and Manitoba coordinate their employment standards, employers in Manitoba may also provide accessible redeployment in the future. Alternatively, the AODA may one day no longer require accessible redeployment.