Attention Employers: AODA Compliance Reports Due December 31st
All private and non-profit employers with 20 or more employees are required to file reports with the Ontario government, confirming their compliance with the requirements under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). Those reports are due December 31, 2023.
Below is an overview of the AODA and the compliance report requirements.
What is the AODA?
The AODA is a piece of legislation that seeks to remove barriers and promote accessibility for employees with disabilities across workplaces in Ontario. In order to do so, it sets out accessibility standards for employers to meet throughout the employment relationship (“Employment Standards”).
Who Does the AODA Apply To?
The AODA applies to all public and private sector employers with one or more employees (be it full-time, part-time, seasonal, or contract employee).
What are the AODA’s Employment Standards?
Below is an overview of the AODA’s Employment Standards:
Recruitment and Hiring
- Employers must notify applicants that accommodation for applicants with disabilities is available
- Upon a request for accommodation, employers must consult with the applicant about accommodation
- When making a job offer, employers must notify the successful applicant about their accommodation policies
Communication and Information
- Employers must inform employees of the policies they have in place to support employees with disabilities
- Employers must provide information to employees in accessible formats and provide communication supports for employees with disabilities upon request
Accommodation and Return to Work
- Certain employers must have in place a written accommodation plan
- Certain employers must also have in place a return-to-work process for employees who have been absent from work due to a disability and require accommodation
Performance Management
- Employers must ensure their performance management and career development processes are accessible and take into account the accessibility needs of employees with disabilities
This is a non-exhaustive list and the AODA contains greater Employment Standards than what is outlined above.
Compliance Reports
Compliance reports are a self-reporting tool that allow the government to ensure that employers are complying with the accessibility requirements under the AODA, including the Employment Standards.
All private businesses and non-profits with 20 or more employees must file a compliance report every three years, while designated public sector organizations must file a compliance report every two years. This year, reports for both private and public sector organizations are due on December 31, 2023.
Filing a compliance report is legally required under the AODA and failure to do so could result in the government taking steps to enforce the AODA, including imposing fines.
Conclusion
If you have questions about whether your organization is in compliance with the AODA, or need assistance completing your compliance report, reach out to Turnpenney Milne LLP.
Written By: Emily Sheppard