People 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!
Your 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