Today is International Day for the Elimination of Racial Discrimination. as declared by the United Nations in 1966! Here is a great backgrounder on the history of the day by Stephen Hammond:
I’m racist, how about you?
Why today is International Day for the Elimination of Racial Discrimination
December 9, 2014Is the flu a disability? What a judge would say.
December 1, 2014People have been discussing the definition of “disability” on the Linked In group “Accessibility for Ontarians with Disabilities (AODA) Act forum.
As an adult educator I feel compelled to do some research and report on the legal definition of “disability.” I’ll be reporting on the topic very soon . . . stay tuned!
Meanwhile, take the poll below and have your opinions included in the research!
Remember the mantra: Learn don’t litigate.
Andrew Lawson
Elimination of the word, “disabled”
November 30, 2014Ah, yes–words! I would like to see the word “disabled” eliminated from our lexicon. Here’s why: I have for years collected fabulous art painted by foot and mouth painters and have had the pleasure of meeting several of these talented artists from time to time. These artists paint with their mouths or their feet because they do not have arms and/or hands or do not have the practical use of these limbs. In contrast, I (and many others) have two fully functioning arms and hands. Yet, I cannot paint or draw anything that anyone else would really want to hang on their wall. Who should correctly be labelled a disabled person?
The Ontario legislature ought to pass a new law entitled, “Accessibility for all Ontarians” and lead the charge to dropping “disabled” from our consciousness.
AODA is an opportunity
March 15, 2012Your obligations under the AODA and the regulations are extensive–I hope this perspective helps you see your obligations in a positive light!
Going back two posts to “How to comply with two laws at the same time” I asked a skill testing question to which nobody responded! Nevertheless, I will answer the question here because I know you are busy and don’t have the time to respond to my skill testing questions.Is the Accessibility for Ontarians with Disabilities Act (AODA):
- Opportunity focused?
- Penalty focused?
Is the Ontario Human Rights Code (HRC):
- Opportunity focused?
- Penalty focused?
Both laws provide:
- opportunities for persons with disabilities (and others)
- opportunities for employers, landlords and others to avoid penalties
- penalties for non-compliance
The AODA (and regulations) is opportunity focused because this law:
- tells you exactly what is expected of you
- provides opportunities for the involvement of various groups in the development of specific standards
- reverses historical trends of discrimination against persons with disabilities
- gives you a positive opportunity to create a welcoming environment for persons with disabilities
- requires you to accept feedback directly from the public thus creating the opportunity for change
- requires that you regularly report to the government (and the general public) that you have created specific programs, policies and procedures
- allows for government inspection to ensure compliance
- is specific about assistive devices, service animals, support persons and communication style.
- Accomplish their goals via proactive requirements and reporting procedures
- Are proactive
The HRC is penalty focused because this law:
- Tells you what not to do (infringe a person’s rights)
- Sets up a list of infractions
- Allows an individual to file a complaint against you with a quasi-judicial tribunal (a formal, court-like process)
- Does not require a feedback system for public complaints thus denying an opportunity for change
- Does not tell you HOW to avoid discrimination; only that you must
- Does not direct you to create specific programs, policies and procedures
- Does not provide for inspectors to check for compliance
- Is vague and open to wide interpretation
- Accomplishes its goals with the use of penalties
- Is reactive
Learn don’t litigate!
Andrew Lawson
www.learndl.ca
AODA QUIZ
March 1, 2012Image: http://zincroof.wordpress.com/
I am going to tell you a story here that will test your knowledge of your current legal responsibilities under the Accessibility for Ontarians with Disabilities Act (AODA) and the Ontario Human Rights Code (HRC). For those readers who past the test, congratulations—you are providing all your customers with the respect they deserve and have sufficient knowledge to insulate your organization from legal liability. For those of you who don’t pass, well, we’ll give you another chance and point you in the direction of some helpful resources to help you get on track!
I live and work in a really great part of town with lots of great shops, restaurants and parks. Right across from the park at the end of my street is a coffee shop that I frequent. Recently I noticed that almost every time I went in for my caffeine fix there was a guy sitting in his electric wheelchair outside the shop; I would occasionally say “hi” to him and sometimes we exchanged small talk about the weather or about the traffic. The guy was usually enjoying a coffee or a cookie or some other delight that I assumed he bought in the shop. Even with my keen eye for such barriers, I never really noticed that there was a step leading up into this shop which made it virtually impossible for a wheelchair user to navigate on their own.
One day recently I was in the shop paying for my coffee when the barista excused herself and ran to the door. From where I was standing I could see she was talking to my friend in the wheelchair; she was taking his order! I asked her how she knew he was there and she told me that he knocks on the door and the staff respond; he comes several times a day, she said.
I was so amazed to see that the people running this small business are so in tune with the customers needs and were willing to “go the extra mile” to accommodate a customer in this way. Then I started thinking—they are being very nice but are they actually complying with the current law?
Ok, that’s the story. This is the test:
- Is this business complying with both the AODA and the HRC?
- Are the staff just being nice or is their behaviour a result of their employer having met certain legal responsibilities?
- What responsibilities do you think they are complying with?
- Which ones are they failing to comply with?
- If you ran this coffee shop what would you do to ensure you are complying with the law with respect to access for people with disabilities?
For a discussion with the answers, visit my website: www.learndl.ca
Learn don’t litigate.
Andrew Lawson
Spring is Coming!
March 6, 2010Walking in the park today, I had a surreal and funny experience. It’s the first week in March and whether you ever stopped to think about it or not, you wouldn’t normally hear leaves rustling in the trees. There are no leaves! Nevertheless, while taking my morning exercise, I heard leaves rustling in the wind. At first I thought spring had arrived overnight until I realized what was going on. Have you ever seen a tree that didn’t lose its leaves from the previous summer? It’s the weirdest thing . . ..
Sure enough I heard leaves rustling in the wind–the leaves that, for some reason, died, turned brown, but didn’t fall from this little oak tree I was walking under. Does anyone know why that happens?
Sure enough, spring had not in fact arrived overnight. The experience reminded me, however, that spring is, in fact, on the way!! Hooray!! See what I mean by surreal? I think the universe communicated with me today.