• Establishing policies and procedures relating to the provision of goods and services to persons with disabilities, including persons using service animals or accompanied by a support person
• Developing alternative modes of communication with persons with disabilities
• Developing a process to notify customers of a disruption in service
• Providing training to all staff who participate in the development of customer service policies and procedures or deal with members of the public pertaining to the AODA and its requirements, including how to use assistive devices on the premises, what to do if a person with a disability is having difficulty accessing goods or services and how to interact with persons with disabilities who use assistive devices, support persons and service animals
• Developing a process for receiving and responding to feedback about the manner in which the organization provides goods and services to persons with disabilities
• Where the employer or organization has more than 20 employees, documenting actions related to the standards and filing an accessibility report with the Government of Ontario

Failure to meet these requirements by January 1, 2012, may result in significant monetary penalties.

What we gathered at our most recent AODA seminar is that employers are very concerned about the training aspect of the customer service obligations.

Customer service training must include:

• The purpose of the Accessibility for Ontarians with Disabilities Act and Regulations
• The purpose and requirements of the Accessibility Standards for Customer Service
• How to interact and communicate with people with various types of disabilities
• How to interact with people with disabilities who use an assistive device or require the assistance of a service animal or support person
• How to use the assistive devices available or made available at your organization for use by people with disabilities
• What to do if a person with a disability is having difficulty accessing your organization’s goods and services, including asking the person how he or she can be accommodated and what alternative methods of service provision would be more accessible
• Your organization’s policies, practices and procedures relating to the provision and access of goods and services to the public and other third parties

Training must be provided to all current and new staff that deal with members of the public or other third parties, whether the person is an employee, agent, volunteer or otherwise. Organizations should further ensure that every person who participates in developing the organization’s policies, practices and procedures governing the provision of goods or services to members of the public or other third parties receives training.

Training must be ongoing, for example, when there are changes to your policies, practices and procedures dealing with the provision and access of goods and services, including changes to the law.

Every designated public sector organization and every other provider of goods or services that has at least 20 employees in Ontario shall keep records of the training provided, including the dates on which the training is provided and the number of individuals to whom it is provided.

We recommend that all organizations (no matter the size) keep records of training that include the training occurrence dates for each staff member and the number of people receiving training. Organizations are responsible to ensure all new staff members are trained and to monitor compliance with training requirements under the AODA.

But how do you train?

The customer service standard does not state how the training should be provided. It could be a separate training program specifically about customer service for people with disabilities, or part of a larger training program as part of orientation. The training could be provided through handouts at an orientation session, through a mandatory online module, in a classroom setting, or in other formats. The law leaves it to the organization to decide how they deliver training as long as they meet the above requirements. The information that needs to be communicated to staff is straightforward enough that it should not be a burdensome process.

Here are certain elements you should consider.

Consider who must be trained: Training must be given to everyone in your organization who deals with members of the public or other third parties (other organizations) as well as to others who deal with members of the public or other third parties on your behalf. Determining which employees to train should not just be based on a person’s job description. It should be based on what the person does in practice on a regular basis. For example, training could apply to people who provide directions to customers, whether in person or over the phone, complete orders over the Internet, deal with billing information (account receivable and payable), answer questions or feedback, and give any type of information about your goods or services. This also includes management and senior leaders of an organization, even though they may not be directly involved in providing goods or services to people with disabilities. If they direct, monitor or evaluate policies on how goods or services are provided, it is important that they too understand those areas that must be covered in the training.

Determine the content of training: Training content might vary depending on who is receiving the training and the nature of your services and your organization. For example, web development staff, senior management and policy staff each might have unique training needs. Training provided to staff who deal with the public could focus more on person-to-person interaction than the training provided to staff who have less contact with customers. Each provider can choose the particular content of the training and the way each of the topics is addressed.

Decide on the format of training: Providers should decide on a training format that is appropriate for them and that reflects the needs of the people being trained. It can be formal or informal. Training could be provided through workbooks, videos, handouts such as fact sheets or brochures at an orientation session, through a mandatory online module, in a classroom setting or in another format. Training could be delivered as a separate program specifically about providing goods or services to people with disabilities or as part of a larger training program, such as basic orientation, training on effective communication or general customer service.

Determine the timing of training: Provide training to all applicable staff by the date that you are required to comply with the standard. As training should include information on your policies, procedures and practices, these will have to be developed before training can take place. Providers will therefore need to begin developing policies, practices, procedures and related training with enough advance time to carry out training prior to the required compliance date. The standard requires that training must be provided “as soon as practicable”, or as soon as it can be done in the circumstances, after someone is assigned to the applicable duties. Training must also be ongoing, so when someone new is hired, or is assigned duties for which training is required, they need to be trained as soon as practicable. When your policies, practices or procedures change in any significant way, training will need to be carried out in relation to these changes.

Note that the AODA customer service training you have received as a manager, human resources professional and employer in the last months can be used and adapted to train your staff. All you need to do is include the actual policies, practices and procedures you have developed.

It is strongly recommended that any training include a final quiz designed to test knowledge and understanding of rights and obligations by all staff. Also, have employees sign an attendance document at the end of each training session.

Yosie Saint-Cyr
First Reference Human Resources and Compliance Managing Editor

© 2011 First Reference Inc. All Rights Reserved. | Permalink | One comment |

The law applies to the Government of Ontario, the Legislative Assembly, every designated public sector organization and every person or organization that provides goods, services and facilities to the public or other third parties and that has at least one employee in Ontario.

Among other processes, organizations must use policies, practices and procedures to achieve accessibility and meet the standards in the Regulation. This includes a policy statement of organizational commitment to meet the accessibility needs of persons with disabilities in a timely manner.

On November 9, 2011, First Reference Inc. will be holding a half-day seminar on accessibility standards compliance under the AODA. The AODA Accessibility Standards Compliance is a half-day seminar that will provide an overview of the AODA compliance framework focusing on the practical guidance in the form of templates, checklists and resources tailored to assist you in understanding and meeting the specific requirements that are applicable to your organization, whether it be a public, private or non-profit enterprise. For more information or to register, visit the seminar website here

© 2011 First Reference Inc. All Rights Reserved. | Permalink | Make a comment |

First you want to identify the services you offer that people with disabilities rely on. Examples of services people with disabilities rely on are elevators and escalators. Notification must include reasons for the disruption and the estimated duration. You will provide a description of alternative facilities or services if they are available. Notice may be provided in easily seen places on the organization’s premises, on a website if any, or by any reasonable method. When posting your notice on the premises choose places that rapidly provide information to the public.

One area you might not have considered is an accessible washroom or any washroom. If you provide this amenity and customers rely on it, include this on the list of things that require notification when disrupted. Feel free to take this policy and extend it to benefit the general population. The notifications you will post in an appropriate public place should not target people with disabilities. You would just use words like Dear guest, patron, customer, etc. Perhaps a notification for the general bathroom will also please all your customers. Anyone who counts on this amenity can attest to the fact that a disruption can be a huge inconvenience.

A best practice is to prepare the templates in advance and decide where you want to post the notification. You may want specific templates prepared for chronic problems or anything with a regular scheduled maintenance shutdown. Allocate the responsibility to specific staff or departments and let them know the notification has to answer all of these questions:

• What is the reason for the disruption?
• How long do you anticipate the disruption will last?
• What alternative facilities, if any, are available?

If the disruption means the customer cannot access your services, you may also inform them on your website, if you have one, and perhaps on the telephone. Some organizations may decide to post the disruption notice on the pole by the parking spots for people with disabilities. This tells a person with a disability not to bother disembarking and proceed to find what they need elsewhere. Do what you reasonably can to provide information that can reach your customer as efficiently as possible.

Since you are obliged to provide a reason for the disruption you may want to train staff to use specific words that do not cause alarm or provide unnecessary visual details. Some reasons may just be regular maintenance or upgrades causing a temporary disruption of service. Sometimes the problem is so simple you may want to use words like “a broken pipe”.

Allocating responsibilities

Example: A staff person discovers a disruption and informs the staff person in charge of calling maintenance. The second staff person is in charge of placing the notice signs in conspicuous (public) places and informing the persons in charge of websites and the main telephone switchboard about the service disruption. The person at the switchboard may be taught to include a message about the disruption on the automated telephone customer service system. If you are aware the customer cannot gain access to your facilities, and you expect the disruption to last a long time, you will want other methods to continue to provide customer service. Prepare staff to offer alternatives and be creative to keep customers satisfied.

Make your policy and procedures clear to everyone

Example: The only elevator to reach your organization is under repair for the expected duration of three days. You post the notice of disruption of service on your website, post a sign at the site of the disruption and post a notice at the entrances. You offer a different method to reach the customer. You may offer appointments to meet the customer at a mutually agreeable and accessible location.

If you are an organization obligated to keep documentation, you will:

• Record who is responsible for what action
• Decide what level of detail about your organization you want to provide the public and government
• State in your policy that you will provide a notice of disruption of services, and include the legal obligations
• Decide if you want to include the departments responsible for providing notification; you may not want to provide a specific name of a person responsible, but you may want to include the title of the person or the department in charge

Assess all the assistive devices and services you provide people with disabilities and come up with a plausible case scenario in the event there is a disruption of service. You know your minimum legal obligations and what work needs to be done.

You may choose to provide more detail, for example, so when a disruption occurs, the customer with a disability is aware you have a telephone sales system or you are offering to meet the person with their order in another location. You may want to communicate in your public policy what your general alternatives are, to inform people with disabilities, reduce the number of questions on simple topics and advance your customer service. If you are an obligated organization with 20 or more employees, make legal documentation requirements work in your favour to increase your effectiveness.

What if all of your services are disrupted?

Generally, disruptions to all of your services, such as during a power outage or during a labour dispute, do not require this special notice. However, if the disruption has a significant impact on people with disabilities, you should provide notice of the disruption of service.

Why is this regulation just for people with disabilities?

People with disabilities need this information in order to proceed with their daily plans and change them when necessary. On the other hand, this is just good customer service that really benefits everyone. Your clients will likely appreciate the additional information. A parent with a baby carriage or anyone using a cart benefits when they are informed the elevator or escalator is not functioning. A person with a baby carriage or a few children has become used to using the accessible washroom that often has a dual purpose of acting as a family room. There are so many benefits everyone enjoys now because of laws originally intended to aid people with disabilities. Thumbs up on the Accessibility for Ontarians with Disabilities Act, a great way to say people with disabilities need something in order to have equal access, when in reality we all benefit.

Suzanne Cohen Share, M.A., CEO
Access (SCS) Consulting Services o/b 623921 Ont. Ltd.

© 2011 First Reference Inc. All Rights Reserved. | Permalink | Make a comment |

Generally speaking, to meet their obligations under the law, employers will have to develop an organizational accessible employment policy statement. Employers will also be required to develop, adopt, document and maintain policies that support the implementation of the commitments in the policy statement.

Specifically, organizations with employees (not volunteers or other non-paid individuals) will have to comply starting January 1, 2012, by providing their employees with disabilities with emergency response information that is tailored to the employee’s needs, if the disability requires it.

Requirements that affect the following areas will be phased in between 2012 and 2017 as follows:

• The Government of Ontario and the Legislative Assembly, January 1, 2013
• Large designated public sector organizations, January 1, 2014
• Small designated public sector organizations, January 1, 2015
• Large organizations (50 or more employees), January 1, 2016
• Small organizations (at least one but fewer than 50 employees), January 1, 2017

Recruitment

Employers must:

• Notify their employees and the public about the availability of accommodation for applicants with disabilities in its recruitment processes
• Notify job applicants, when they are individually selected to participate in an assessment or selection process, that accommodations are available upon request in relation to the materials or processes to be used
• If an applicant requests an accommodation, consult with the applicant and provide or arrange for the provision of a suitable accommodation in a manner that takes into account the applicant’s accessibility needs due to disability
• When making an offer of employment, notify the successful applicant of their policies for accommodating employees with disabilities

During employment

Employers must:

• As soon as practicable after they begin employment, inform their employees of their policies used to support their employees with disabilities, including, but not limited to, policies on the provision of job accommodations that take into account an employee’s accessibility needs due to disability
• Update their employees whenever there is a change to existing policies on the provision of job accommodations that take into account an employee’s accessibility needs due to disability
• Where an employee with a disability so requests it, consult with the employee to provide or arrange for accessible formats and communication supports for information that is needed in order to perform the employee’s job, and information that is generally available to employees in the workplace
• Provide workplace emergency response information to the person designated to provide assistance to employees (if the employees require assistance and if the employees consent)
• Review the individualized workplace emergency response information when an employee moves to a different location in the organization, when reviewing an employee’s overall accommodation needs or plans, and whenever employers review their general emergency response policies
• Make individual accommodation plans that, if requested, include any information regarding accessible formats and communications supports available; include individualized workplace emergency response information; and identify any other accommodation that is to be provided
• Prepare and have in place a written process for the development of documented individual accommodation plans for employees with disabilities (unless the employer is a small organization)

This written process includes:

• The manner in which an employee requesting accommodation can participate in the development of the individual accommodation plan
• The means by which the employee is assessed on an individual basis
• The manner in which the employer can request an evaluation by an outside medical or other expert, at the employer’s expense, to assist the employer in determining if accommodation can be achieved and, if so, how accommodation can be achieved
• The manner in which the employee can request the participation of a representative from their bargaining agent, where the employee is represented by a bargaining agent, or other representative from the workplace, where the employee is not represented by a bargaining agent, in the development of the accommodation plan
• The steps taken to protect the privacy of the employee’s personal information
• The frequency with which the individual accommodation plan will be reviewed and updated and the manner in which it will be done
• If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee
• The means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs due to disability

Return to work

(This requirement does not replace or override any other return-to-work process created by or under any other statute.)

Employers (other than employers of a small organization) must do the following:

• Develop and have in place a return-to-work process for employees who have been absent from work due to a disability and require disability-related accommodations in order to return to work
• Ensure the return-to-work process outlines the steps the employer will take to facilitate the return to work of employees who were absent because their disability required it, and uses documented individual accommodation plans as part of the process
• Document the return-to-work process, and use documented individual accommodation plans

Performance management

“Performance management” means activities related to assessing and improving employee performance, productivity and effectiveness, with the goal of facilitating employee success.

Employers that use performance management must take into account the accessibility needs of employees with disabilities, as well as individual accommodation plans.

Career development and advancement

“Career development and advancement” includes providing additional responsibilities within an employee’s current position and the movement of an employee from one job to another in an organization that may be higher in pay, provide greater responsibility or be at a higher level in the organization or any combination of them and, for both additional responsibilities and employee movement, is usually based on merit or seniority, or a combination of them.

Employers that provide career development and advancement to their employees must take into account the accessibility needs of their employees with disabilities as well as any individual accommodation plans.

Redeployment

“Redeployment” means the reassignment of employees to other departments or jobs within the organization as an alternative to layoff, when a particular job or department has been eliminated by the organization.

Employers that use redeployment must take into account the accessibility needs of their employees with disabilities, as well as individual accommodation plans.

What do you think?

Do you believe that these requirements will be too onerous for employers? Do you think that most employers do these things already? Are the requirements really a step in the right direction?

Christina Catenacci
First Reference Human Resources and Compliance Editor

© 2011 First Reference Inc. All Rights Reserved. | Permalink | 4 comments |

The AODA requires the public and private sectors to work together to make Ontario accessible for persons with disabilities. The main purpose of the Act is to identify and remove the barriers that prevent a person with a disability from fully participating in all aspects of society. These might include a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice.

The Act allows for accessibility standards to be created by regulation. These standards constitute the rules that businesses and organizations have to follow to identify, remove and prevent barriers to accessibility. At this stage, accessibility standards have been created or are being created in the following areas: customer service, information and communication, employment, transportation and built environment. Accessibility standards require provincially regulated employers to address accessibility issues in ways not expressly required by the Human Rights Code.

Each standard contains (or will contain) both specific and general requirements involving:

• Developing accessibility policies and plans
• Training employees and volunteers; and
• Considering accessibility when purchasing goods or services

Private sector employers have less than six months to get ready for the standards under this new legislation. Jeff Murray’s presentation at the 12th Annual Ontario Employment Law Conference will cover:

• The new accessibility standards and preparing your organization to meet them;
• The content of compliant policies;
• How to prepare key workplace parties for their new roles; and
• Lessons from public sector employers covered since 2010.

We invite business owners and managers who are interested in finding out how to comply with the new standards to attend. Register—and Learn the latest

Christina Catenacci
First Reference Human Resources and Compliance Editor

© 2011 First Reference Inc. All Rights Reserved. | Permalink | Make a comment |

Misconception number 1: The final proposed accessible built environment standard is a regulation.

Answer: No, the final proposed accessible built environment standard is not yet a regulation.

Why the misconception? Because numerous organizations concerned with the accessible built environment have copies of the final proposed standard, and they are already using it in their decision making processes. There is nothing wrong in using the proposed standard for informational purposes remembering that current laws prevail until the standard becomes regulation in whole or in part.

Misconception number 2: The proposed standard includes the topic of retrofits.

Answer: No, the final proposed standard does not include the topic of retrofits.

Why the misconception? The word retrofitting is used to mean that existing buildings or structures will be legally forced to become accessible by a specific date. When the initial copy of the proposed accessible built environment standard was released for public review, retrofitting existing structures was a discussion topic. After public review, the provincial government decided the accessible built environment standard at this time would only affect the building of new structures and major renovations to existing buildings.

Misconception number 3: The proposed standard takes effect as of the year 2014.

Answer: No, a date cannot be presumed until the proposed standard becomes a regulation. The date this standard will take effect remains unclear. People can speculate on when they believe the accessible built environment standard will become a regulation but they are merely guesstimates.

Why are people guessing? Some builders, architects, engineers, organizations and accessible built environment consultants are eager to address the topic of accessibility as soon as possible. Again, there is nothing wrong with advance preparation; in fact, I admire those who are already moving toward remedying universal accessibility issues. It is just a mistake to emphatically state that a date is attached to the proposed standard.

So, as we learn about the proposed accessible built environment standard created under the Accessibility for Ontarians with Disabilities Act, it is vital to know when we or our experts are guessing as opposed to what information is confirmed. Until a proposed standard becomes a regulation, what we read is written by esteemed standards committees who provided their expertise. I have read many versions of draft proposed standards. I can attest to the numerous changes in draft standards and final proposed standards after public reviews. The best part of working with proposed standards is they often provide a best practice approach that your organization may decide to consider, regardless of impending laws.

If you have questions related to the proposed accessible built environment standard or any other proposed standard, feel free to ask.

Suzanne Share, M.A. C.E.O.
Access (SCS) Consulting Services

© 2011 First Reference Inc. All Rights Reserved. | Permalink | 3 comments |

It was only a matter of time before Canadian advocates on behalf of people with disabilities would ask for a federal program or plan to meet Canada’s obligations to the United Nations. Canada signed and ratified the UN Convention on the Rights of Persons with Disabilities (CRPD), which came into force on May 3, 2008. We joined 147 other countries that that have signed the convention, 95 of which have ratified it. On a global scale, each country that signed or ratified the convention is moving forward to achieve accessibility for people with disabilities. The convention clarifies how all categories of rights apply to persons with disabilities.

You may ask why there is not already a federal initiative that enforces a uniform method to achieve accessibility throughout Canada. Provinces are approaching the subject separately and a federal framework or plan seems to be common sense. To date, there is no indication that a federal program is forthcoming. Nonetheless, various disability advocacy groups are encouraging the federal government to take a leadership position. This month, the Council of Canadians with Disabilities (CCD) and Canadian Association for Community Living (CACL) released a Working Paper on the UN Convention on the Rights of Persons with Disabilities to start a dialogue on this topic and propose actions for implementation.

The working paper calls for “national mechanisms for implementation, monitoring and reporting” to achieve the obligations of the convention. These advocacy groups are asking for the federal government to enact Article 4 of the convention. Article 4 states people with disabilities or their representatives will be consulted and involved in implementing the convention. A core call for action includes “a national framework for implementation”:

Design a National Framework for Implementation, or a National Action Plan, to ensure Canada meets its obligations in Article 33(2) and to provide the vision and overarching framework for successful implementation of the CRPD. A detailed implementation action plan would identify necessary mechanisms for collaboration, benchmarks for monitoring and reporting, and strategies for priority areas for action the disability community has identified, including:

Access to disability supports

Poverty alleviation

Labour force participation

Accessibility and inclusion

Canada’s international leadership

The authors have crafted an intelligent and reasonable plan to achieve the obligations in the convention—including actions that the federal government has already promised. They don’t demand the government fix the world this minute, but instead call for an advisory panel including people with disabilities as participants. It is important to note that these two advocacy groups stayed within the legal confines of the convention and the presently unsigned or ratified Optional Protocol. The Optional Protocol allows for a UN committee to be assembled that will review the progress of participating nations.

All Canadians will benefit from a national program of action that is transparent, accountable and measurable. Achieving accessibility for people with disabilities requires national leadership that does not leave individual communities with the task of identifying the work to be done.

There are many reasons for the general public to support this call to action. Organizations will benefit from a national plan that prescribes minimum requirements, timelines and guidelines. A comprehensive national plan of action will help Canadians to understand their commitments and identify priorities. Organizations can use a national plan as a baseline to educate staff, volunteers and third parties on expectations. With access to a broad bank of diverse information, national organizations will be able to rapidly understand their obligations and changes that require a financial remedy.

When I use the words minimum standards, I do not mean the federal government needs to have weak legislation that can be bettered by provinces, municipalities, regions or organizations. A strong federal framework will mean that everyone can relax about enacting additional legislation.

Disability advocacy groups understand that federal leadership means everyone in Canada can be on the same path. This call for action is a win-win situation for everyone. Perhaps we can all find out what is the best way to convince the federal government to act on this working paper or at least tell us if there is a plan in the works.

Suzanne Cohen Share, M.A.
Access (SCS) Consulting Services

© 2011 First Reference Inc. All Rights Reserved. | Permalink | One comment |

Although the government insists it is “committed to providing accessible online information and services to Canadians, and is continuing to look at ways to make information more accessible to all Canadians”, Treasury Board spokesman Pierre-Alain Bujold said:

The Government of Canada is filing an appeal with the Federal Court decision in the case between Donna Jodhan and the Attorney General of Canada in order to address some fundamental issues raised by the decision.

These include factual findings made by the Court, numerous aspects of the legal reasoning applied to those facts, and the unusual supervisory order of the Court to monitor implementation of its decision.

Justice Michael Kelen in his ruling said he would oversee implementation of Ottawa’s online retrofit, and he warned that the Court will intervene if the government fails to act.

Justice Kelen’s hard line does not seem to suit the government at all!

Is this a step back on the road to accessible information, goods and services for all disabled persons?

Yosie Saint-Cyr
First Reference Human Resources and Compliance Managing Editor

© 2011 First Reference Inc. All Rights Reserved. | Permalink | Make a comment |

Jodhan, who is a special-needs business consultant with an MBA, and is also legally blind, sought a declaration under section 18.1 of the Federal Courts Act that the standards implemented by the federal government for providing visually impaired Canadians with access to government information and services on the Internet, and the way in which those standards are implemented, denied her equal access to government information and services, and thereby violated her rights under section 15(1) of the Canadian Charter of Rights and Freedoms.

The federal government submits that the Federal Court can only deal with the specific complaints of the applicant and cannot treat this application for a declaration as one with respect to a systemic failure by all government departments and agencies to apply accessibility standards for the visually impaired.

The constitutional court challenge was filed three years ago after she was unable to apply for government jobs or complete the 2006 Census online, notwithstanding the government’s accessibility standards for the visually impaired, which have been in effect since 2001.

It is important to note that Jodhan is the owner of Sterling Creations, a consulting business that provides analyses and recommendations to clients regarding the accessibility of their products or services to special-needs users. Her qualifications and profession support her characterization of herself as a sophisticated computer user, familiar with accessing the Internet.

She argued that her equality rights were being violated when she was denied access to government services and information on the basis of her physical disability.

Visually impaired and blind individuals can independently access Internet content online using specific assistive technologies. These include screen readers, which are software devices that read website content aloud to the user, and Braille output devices, which are devices that convert website content into Braille for the user to read tactilely. Screen readers are long-established software programs to make computers accessible to blind and visually impaired users. Suzanne Cohen Share offered a good explanation of the screen reader technology last week.

The Internet accessibility standards established by the federal government are set out in the CLF 1.0 Standard, which was to be implemented by 2001. The CLF Standard is built upon international guidelines, called the Web Content Accessibility Guidelines 1.0 (WCAG 1.0) produced in 1999 by the World Wide Web Consortium, an international organization devoted to developing technical standards for the Internet. This standard provides detailed instructions to developers of Internet content, such as website designers, regarding how to help make content accessible to people with disabilities, including the visually impaired.

The World Wide Web Consortium updated those accessibility standards in 2007 to CLF 2.0 Standard. However, the government wasn’t implementing or enforcing the new standards, and those being applied were obsolete. This was demonstrated in several external audits and reports (refer to Court decision).

The evidence with regard to the inaccessibility of federal government websites comes from three sources. First, a number of reports have demonstrated failures of numerous government websites to meet even the basic priorities of the obsolete CLF Standard, which means that the blind cannot access the websites. Second, the applicant has submitted affidavit evidence from herself, another visually impaired person, and her expert witness that describe barriers to access encountered on government websites. Third, the respondent’s witnesses have acknowledged instances of non-compliance on federal government websites.

After hearing the evidence, the Court was satisfied that the government websites were not fully accessible to the visually impaired and not in compliance with the CLF Standard. “The negative effect on the applicant and the visually impaired is clear. If they have to rely upon sighted assistance they lose their independence, their dignity and their ability to accurate and timely information on an equal basis with a sighted person”. The Court was also satisfied that the evidence supported a system-wide failure by government departments and agencies to comply with and implement the CLF Standard as required by a report several years ago.

Thus, the Court found the government failed to monitor and ensure compliance with its own 2001 accessibility standards is an infringement of section 15(1) of the Charter, since it discriminates against the applicant and other visually impaired persons. The Court also declared that the government has a constitutional obligation to bring itself into compliance with the Charter within a reasonable time period, such as 15 months.

Jay Denning, a spokesman for the Treasury Board of Canada, said the government is still reviewing the decision.

This is a clear indication that accessibility standards are being taken seriously by the courts. Ontario organizations in the private sector who have to comply with the Accessibility for Ontarians with Disabilities Act (AODA) Customer Service Standard by January 1, 2012, should start getting ready. If your organization is not aware of the extent of their obligations under this first standard, know that private sector organizations that provide goods or services with at least one employee in Ontario must implement the customer service standard under the AODA by January 1, 2012.

There are several blog post on First Reference Talks on the topic, but a good overview is provided here.

Yosie Saint-Cyr
First Reference Human Resources and Compliance Managing Editor

© 2010 First Reference Inc. All Rights Reserved. | Permalink | Make a comment |

Unfortunately, screen readers cannot decide for the end-user what is relevant or irrelevant information. Based on the type of document and format, the screen reader may also provide information in a way that makes no sense to the end-user. Some fixes are relatively easy, others take a little education and yes, others take more education.

I am not focusing on making your website fully accessible or how to make all existing electronic information accessible. I want to discuss the present and the future with the intent to stop organizations from creating inaccessible or aggravating information and communications. This article is just a first step to give you the heads up on some simple changes you can establish now. Other steps can help you prioritize the changes that may be necessary in your organization.

Consider these screen reader tips:

1. Email: When sending emails, use the BCC (blind carbon copy) section of your address to send bulk emails. Use just one name in the main address section. Otherwise, recipients who use a screen reader have to listen to all the names and addresses of everyone who is receiving your email. Not only is this aggravating and time consuming, but by providing only one name in the heading you will be keeping your contacts private.
2. Pictures: The cliché that pictures replace a thousand words is not useful for a person who is blind or has low vision or vision loss. Use open captioning features and describe what you are trying to say in the picture. Hopefully it will not take a thousand words.
3. Plain language: If you are talking to a wide audience it is always to your benefit to use plain language rather than specialized or technical language or jargon.
4. Fonts: Use simple fonts like Arial and Verdana at a minimum of 12 points. Artistic fonts and italics can be difficult to read for people with a variety of disabilities.
5. Colour contrast: Electronic documents and websites should offer strong colour contrast and avoid using watermarks in the background. Always avoid glare. These steps can help any audience, which can otherwise be aggravated by unclear text on a colourful background.
6. Creating PDF documents: Adobe has provided accessibility features since Version 7, and improved them with Version 9. Spread the word that programmers should pay attention to the accessibility features, learn them and use them regularly.
7. All electronic documents: Make sure your documents are accessible. If you are not sure, contact the vendor.
8. Websites: An international organization called the World Wide Web Consortium (W3C) provides protocols and guidelines to ensure that web-based information is accessible to everyone. Make sure your programmers know how to build and maintain an accessible website. Make sure all of the people involved are aware of their obligations to offer accessible information.
9. A best practice approach is to prioritize existing web content to become accessible based on:
   • Usability factors, for example, questionnaires, feedback or applications
   • Information that is frequently visited, legal or vital
10. Encryption codes: Such codes are not accessible to people who are blind or have low vision or vision loss. Often the codes are so complicated that sighted users also have problems with accessibility. Offer an accessible non-biometric alternative method to verify you are dealing with an adult.
11. Accessible website portal: Use the upper left hand corner of your website to direct a screen reader to read aloud that there is an accessible section of your website. By placing the prompt in the upper left hand corner the screen reader will speak these words first to the end-user. Make this a temporary solution while you are preparing to provide a fully accessible website.
12. Free screen readers: There are free screen readers available. You can download one and learn how to use it. When providing accessible information, use the screen reader to identify problem areas.
13. Free accessible website assessments: You can find out if your website is accessible by asking a company that specializes in creating accessible websites for an evaluation. You can also contact companies that sell software that maintains a website’s accessibility. These companies often help organizations test some sample pages of their website free of charge.

If you want to understand the problems that an inaccessible website can cause, visit WebAim for information.

Alright, so steps numbers one to five should be easy, and the rest should take some homework. On a go-forward basis, there is no reason for new information to be communicated without using accessibility features. However, old information is still a problem, and you can evaluate its continuing value.

Your organization will likely realize these changes will not just help people with disabilities. For example, accessibility also aids seniors, and clear communication helps everyone receive your message. If you start providing accessible electronic information as soon as possible, in the future you will likely save time and money. You might minimize converting information to alternative formats. You may also realize benefits and profits when your organization provides accessible electronic information to a wider audience.

Suzanne Cohen Share, M.A.
Access (SCS) Consulting Services

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