Creating an Inclusive Workplace: A Guide for Employers

Written by: Rebecca Feldman, a lawyer at Hicks Morley who specializes in labour and employment matters facing municipalities.

In today’s diverse work environment, inclusivity is a critical component of organizational success and legal compliance. As an employer, understanding and implementing inclusive practices ensures adherence to the Ontario Human Rights Code (Code) and the Accessibility for Ontarians with Disabilities Act (AODA), and it also fosters a supportive, productive workplace and enhances employee morale.

Understanding Inclusivity

Inclusivity in the workplace involves creating an environment where all employees, regardless of their backgrounds or abilities, feel valued and respected. This includes adhering to the Code and AODA.

The Code prohibits discrimination in employment on the basis of any of the protected grounds, which include race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status and disability. The Code requires employers to provide reasonable accommodation to an employee who needs it due to any of these protected grounds, up to the point of undue hardship.

The AODA requires organizations to develop and enforce accessibility standards. It focuses specifically on accessibility for people with disabilities, requiring an organization to implement prescribed practices designed to make the workplace accessible and inclusive.

Fostering an inclusive workplace also goes beyond accommodating employees with specific needs, and it includes creating an environment where all feel included and accepted. To put it into context, some examples of events that may not be inclusive to all include:

• A social event centred around alcohol can alienate employees who do not drink.

• A team building activity involving participating in sports may exclude those with physical limitations.

• Scheduling important meetings during religious holidays.

• Recognizing only certain types of dietary preferences at work events.

Workplace Accommodation

An essential aspect of inclusivity is having an effective workplace accommodation process. To facilitate accommodation:

• Develop clear policies: Employers should create detailed policies outlining the procedure for employees to request accommodation, the process for assessing these requests, and the criteria for determining whether a request is reasonable. These policies should be clearly communicated to all employees.

• Implement an accommodation process: The process should be transparent and collaborative. Employees should feel confident that their requests will be considered fairly and without prejudice. The process should involve engaging in discussions with the employee to understand their needs and finding appropriate solutions that balance those needs with the operational requirements of the business.

• Train managers and human resources: Regular training for managers and HR personnel on the workplace accommodation policy and procedure is critical, as the law is frequently evolving. Such training should cover the legal obligations under the Code and AODA, as well as best practices for responding to accommodation requests sensitively and efficiently.

Fostering a Supportive Environment

Creating an inclusive workplace involves more than just accommodation of Code-related needs. Employers should also foster an environment where employees feel comfortable approaching their manager or HR personnel to request and discuss their needs or concerns. This can be done in the following ways:

1. Encourage a workplace culture where diversity and inclusivity are valued. This can be achieved through leadership commitment, open communication, and regular discussions about inclusivity.

2. Managers should be approachable and supportive when employees express a need for accommodation, and they should provide a non-judgmental environment where employees feel safe disclosing their needs.

3. Regularly seek feedback from employees about inclusivity in the workplace and be open to making improvements.

4. Ensure employee privacy is respected in the accommodation process by handling confidentially and disclosing sensitive information only to those necessary to facilitate the accommodation.

By understanding the principles of inclusivity, establishing clear accommodation policies, designing accessible workplaces, and fostering a supportive environment, employers can create a workplace where all employees feel valued and empowered.