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:
- tell 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
Your obligations under the AODA and the regulations are extensive–I hope this perspective helps you see your obligations in a positive light!
Learn don’t litigate!
Andrew Lawson
www.learndl.ca
- Responding to a human rights complaint - September 5, 2012
- Ontario policy on competing human rights - August 8, 2012
- What does the case of Trayvon Martin tell us about racism in Canada? - April 4, 2012