Is the flu a disability? What a judge would say.

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!

Remember the mantra: Learn don’t litigate.

Andrew Lawson

www.learndl.ca

AODA is an opportunity

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
• 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