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  • Duty to Accommodate | Canadian Human Rights Commission
    want to know my obligations Duty to Accommodate Organizations and Businesses I want to know my obligations Equality Duty to Accommodate Equal Employment Opportunities We ve been named in a discrimination complaint I want to develop an internal process for resolving complaints We are being considered for an employment equity audit I want to improve my workplace Quick Links I want to complain My employer obligations About us News Resources Listen Duty to Accommodate Sometimes people need to be treated differently to prevent or reduce discrimination As an employer or service provider you have an obligation to take steps to eliminate different and negative treatment of individuals or groups of individuals based on prohibited grounds of discrimination This is called your duty to accommodate and it applies both to your employees and the public you serve The duty to accommodate means that sometimes it is necessary to treat someone differently in order to be fair For example asking all job applicants to pass a written test may not be fair to a person with a visual disability In such cases the duty to accommodate may require that alternative arrangements be made to ensure full participation of a person or group You have a duty to accommodate only when a person s need or needs are based on any of the grounds of discrimination in the Canadian Human Rights Act While it is often necessary to accommodate people s needs on an individual basis the courts have made it clear that federal organizations should build accommodation into the way they do business as much as possible For example rather than making individual accommodations for blind employees you should have office policies in place to ensure that all office software is accessible The idea is to prevent barriers to accessibility from occurring

    Original URL path: http://www.ccdp-chrc.ca/eng/content/duty-accommodate (2016-02-13)
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  • Equal Employment Opportunities | Canadian Human Rights Commission
    discrimination complaint What can we expect How do we prepare a response to the complaint I want to develop an internal process for resolving complaints What is an internal dispute resolution process How to develop an internal dispute resolution process We are being considered for an employment equity audit Forward Plan for Notification I want to improve my workplace Where do I start How can I prevent discrimination in my workplace How can I resolve conflicts when they arise Where can I get help Organizations and Businesses Main Page Resources Frequently Asked Questions Helpful Links Publications Archived Publications News Room What s New News Releases Speeches Statements Glossary Multimedia Resources Main Page Breadcrumb trail Home Organizations and Businesses I want to know my obligations Equal Employment Opportunities Organizations and Businesses I want to know my obligations Equality Duty to Accommodate Equal Employment Opportunities We ve been named in a discrimination complaint I want to develop an internal process for resolving complaints We are being considered for an employment equity audit I want to improve my workplace Quick Links I want to complain My employer obligations About us News Resources Listen Equal Employment Opportunities As an organization or business that is regulated by the federal government you are legally required to follow the rules set out by the Employment Equity Act The Employment Equity Act is a federal law that requires you to provide equal employment opportunities within your organization to four designated groups women Aboriginal peoples persons with disabilities and members of visible minorities Visit the Labour Program for more information about the Employment Equity Act Visit the Labour Program s online employment equity course to learn more about how to implement and maintain your employment equity program Check out the Commission s tips and tools on how to improve

    Original URL path: http://www.ccdp-chrc.ca/eng/content/equal-employment-opportunities (2016-02-13)
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  • We've been named in a discrimination complaint | Canadian Human Rights Commission
    develop an internal process for resolving complaints What is an internal dispute resolution process How to develop an internal dispute resolution process We are being considered for an employment equity audit Forward Plan for Notification I want to improve my workplace Where do I start How can I prevent discrimination in my workplace How can I resolve conflicts when they arise Where can I get help Organizations and Businesses Main Page Resources Frequently Asked Questions Helpful Links Publications Archived Publications News Room What s New News Releases Speeches Statements Glossary Multimedia Resources Main Page Breadcrumb trail Home Organizations and Businesses We ve been named in a discrimination complaint Organizations and Businesses I want to know my obligations We ve been named in a discrimination complaint What can we expect How do we prepare a response to the complaint I want to develop an internal process for resolving complaints We are being considered for an employment equity audit I want to improve my workplace Quick Links I want to complain My employer obligations About us News Resources Listen We ve been named in a discrimination complaint Here you will find guidance on what your organization can expect after you receive notification

    Original URL path: http://www.ccdp-chrc.ca/eng/content/weve-been-named-discrimination-complaint (2016-02-13)
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  • What can we expect? | Canadian Human Rights Commission
    linked to one of the grounds of discrimination The issue is not based on a discriminatory practice in the Act Your organization has an internal dispute resolution process that could be used instead There is another process already dealing with the complaint or that has already dealt with it The complaint is trivial frivolous vexatious or made in bad faith The complaint has not been filed within one year of the alleged discrimination occurring Once your position is received a report is prepared for the Commission members The report along with any submissions from your organization and the complainant are given to the Commission members who will decide whether or not to deal with the complaint If the Commission decides to deal with the complaint mediation could be offered Mediation The mediation process is voluntary and confidential It gives both sides the opportunity to explain their understanding of the issue and then attempts to resolve the concerns that led to the complaint Mediators are impartial and do not represent your organization or the complainant If the mediation works then both sides must sign a settlement agreement This agreement would outline what each side has decided to do to resolve the dispute This is what we mean when we say the parties have reached a settlement If mediation does not work the discrimination complaint is investigated Whatever you discussed in mediation cannot be used against you during the investigation Dave s Story Dave works in an interprovincial transportation company in Alberta Last spring he was in a serious accident that left him paralysed After rehabilitation Dave is ready to resume his duties as dispatcher However he has lost mobility in his legs and now uses a wheelchair Upon his return he finds that the company building is not accessible for people who use wheelchairs The washroom is too narrow and the office space needs to be reconfigured to adjust for his needs with an appropriate work station He speaks to the owner of the small family company who expresses his concern for the situation The owner tells Dave that the company can t afford a ramp or the necessary renovations to the bathroom and to his work station Dave is very disappointed and decides to contact the Commission about filing a complaint against his employer After speaking with the company owner about Dave s complaint a Commission officer asks Dave if he would take part in an informal dispute resolution process The goal is to bring everyone affected by the issue together to share their views and resolve the conflict Dave and the owner agree to meet with a professional mediator who acts as an independent third party The mediator hears both sides of the situation and leads a discussion about the cost of renovations and the benefits for the company and the users Dave and his boss agree to work together to inspect the building and create an action plan to make the space more accessible The plan will identify

    Original URL path: http://www.ccdp-chrc.ca/eng/content/what-can-we-expect (2016-02-13)
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  • How do we prepare a response to the complaint? | Canadian Human Rights Commission
    and the Commission and will be responsible for finding out and presenting your side of the story When do I consider settling the complaint From the beginning you will have to decide how you think the complaint could be resolved Once you have thought about possible solutions write them down and share them with the Commission You can do this at any time throughout the Commission s dispute resolution process How to Prepare Your Response Step 1 Gather information related to the complaint Being informed about all of the details related to a discrimination complaint will help you or your representative explain your side of the story Start a file Keep copies of everything related to the complaint This includes writing down any decisions that are made about the complaint Ask Yourself What kind of discrimination is being alleged Understanding what kind of discrimination is being alleged is an important part of resolving the issues effectively This means understanding which of the grounds of discrimination is being alleged as well as the discriminatory practice that it is being linked to Is there an internal dispute resolution process that could be used instead The Commission supports the use of internal dispute resolution processes that are fair flexible effective and efficient The Commission s practice is to refer discrimination complaints back to internal dispute resolution processes when they are available You should notify the Commission as soon as possible if your organization has a dispute resolution process Is there any reason why the Commission should not deal with the complaint Tell the Commission as soon as possible if you believe The issue does not fall under the Commission s jurisdiction The issue is not linked to one of the grounds of discrimination The issue is not based on a discriminatory practice in the Canadian Human Rights Act The complaint is trivial frivolous vexatious or made in bad faith The complaint has not been filed within one year of the alleged discrimination occurring What do you know about the events that led to the discrimination complaint Learn more about the events that led to the complaint to help you or your representative clarify your side of the story Make a list of the people you need to talk to about the complaint and the documents you need to review Talk to the people involved in the complaint to learn their side of the story Ask as many questions as you need to to understand what the complaint is about Carefully review any documents that are relevant to the complaint Step 2 Examine the discrimination allegation s There are three ways your organization can show that the discrimination did not happen or that it was allowed by the Canadian Human Rights Act No discrimination occurred there is a reasonable explanation for what happened Review the allegations in the complaint any records related to the allegations and anything you learned from talking to people If there is a reasonable explanation that can be supported with

    Original URL path: http://www.ccdp-chrc.ca/eng/content/how-do-we-prepare-response-complaint (2016-02-13)
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  • I want to develop an internal process for resolving complaints | Canadian Human Rights Commission
    in a discrimination complaint What can we expect How do we prepare a response to the complaint I want to develop an internal process for resolving complaints What is an internal dispute resolution process How to develop an internal dispute resolution process We are being considered for an employment equity audit Forward Plan for Notification I want to improve my workplace Where do I start How can I prevent discrimination in my workplace How can I resolve conflicts when they arise Where can I get help Organizations and Businesses Main Page Resources Frequently Asked Questions Helpful Links Publications Archived Publications News Room What s New News Releases Speeches Statements Glossary Multimedia Resources Main Page Breadcrumb trail Home Organizations and Businesses I want to develop an internal process for resolving complaints Organizations and Businesses I want to know my obligations We ve been named in a discrimination complaint I want to develop an internal process for resolving complaints What is an internal dispute resolution process How to develop an internal dispute resolution process We are being considered for an employment equity audit I want to improve my workplace Quick Links I want to complain My employer obligations About us News Resources Listen I want to develop an internal process for resolving complaints The Commission encourages people to try to solve their human rights disputes informally before involving the Commission The Commission will usually refer potential discrimination complaints back to internal dispute resolution processes when they are available Having your own internal dispute resolution process that is fair flexible efficient and effective can prevent discrimination complaints help resolve disputes before they get out of control allow people to have an active role in resolving the dispute resolve the issue easier and faster save legal fees and or court costs for your organization

    Original URL path: http://www.ccdp-chrc.ca/eng/content/i-want-develop-internal-process-resolving-complaints (2016-02-13)
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  • What is an internal dispute resolution process? | Canadian Human Rights Commission
    complaints What is an internal dispute resolution process How to develop an internal dispute resolution process We are being considered for an employment equity audit Forward Plan for Notification I want to improve my workplace Where do I start How can I prevent discrimination in my workplace How can I resolve conflicts when they arise Where can I get help Organizations and Businesses Main Page Resources Frequently Asked Questions Helpful Links Publications Archived Publications News Room What s New News Releases Speeches Statements Glossary Multimedia Resources Main Page Breadcrumb trail Home Organizations and Businesses I want to develop an internal process for resolving complaints What is an internal dispute resolution process Organizations and Businesses I want to know my obligations We ve been named in a discrimination complaint I want to develop an internal process for resolving complaints What is an internal dispute resolution process How to develop an internal dispute resolution process We are being considered for an employment equity audit I want to improve my workplace Quick Links I want to complain My employer obligations About us News Resources Listen What is an internal dispute resolution process An internal dispute resolution process is a procedure or set of procedures that an employer or service provider develops to deal with allegations of discrimination If an individual raises a human rights concern the internal dispute resolution process can address and potentially resolve it The Canadian Human Rights Commission looks for three things in an internal dispute resolution process before referring a discrimination complaint to it Can the process respond to discrimination complaints Can the process provide appropriate solutions For example compensating a person or giving someone back their job Is the process reasonably available to people The Commission considers a process reasonably available if it is fair flexible efficient and

    Original URL path: http://www.ccdp-chrc.ca/eng/content/what-internal-dispute-resolution-process (2016-02-13)
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  • How to develop an internal dispute resolution process? | Canadian Human Rights Commission
    process simple informal and flexible If the process is simple there will be less delays and costs Internal dispute resolution processes should be less formal than law courts and offer participants different ways to resolve disputes This means being flexible enough to respond to different people s needs Be inclusive from the start Make sure you consider all of your employees from the very beginning Try to include people from diverse backgrounds in the development of your process Train the people who will be involved Training should be provided to all persons involved in managing or advising about dispute resolution This can include your organization s leadership managers directors and human resources and legal staff Training should include information about human rights and how the internal dispute resolution process will work Communicate with your employees Your employees need to know your organization has a dispute resolution process available Tell people about the process at a special launch put information on your website write about it in your newsletter and post information in places where people get together Make sure you also include information about the process in your daily operations Monitor and evaluate how the process is working Monitor and evaluate the process to see if people are having problems accessing or using it Evaluation processes should be voluntary and confidential Evaluation helps you identify how confident people are that the process will help resolve disputes It also tells you how satisfied people are with the results You can evaluate your process by asking questions like Has the process been implemented as designed What are the results For example number of complaints and whether issues were resolved Is the process fair What do people involved have to say about the process Are there changes that would improve how the process works Adjust the process as needed Include instructions about how to make changes to the process if evaluations reveal that it is not meeting your organization s needs Guiding Principles for addressing disputes within your organization Make the process accessible A process is accessible when employees can easily use it It should not have barriers like the need for a lawyer All documents that explain the process should be in clear language Make sure any timelines are fair so that they do not become a barrier or a source of frustration Obtain employee feedback about the process Organizational acceptance is important if you want your process to be successful and accountable Encourage input from all employees Make sure the decision maker knows about human rights The decision maker should be trained in human rights principles and laws or be able to easily access human rights advice from someone who is trained in human rights principles and laws Examples of potential decision makers include a committee made up of staff and managers a lawyer or judge an impartial third party i e professional arbitrator mediator Ensure impartiality and independence The decision maker must not be biased This means they should have

    Original URL path: http://www.ccdp-chrc.ca/eng/content/how-develop-internal-dispute-resolution-process (2016-02-13)
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