After AODA standards come into force, they must be reviewed at least every five (5) years. In other words, the AODA Standards Development Committee that created each standard must also review it every five (5) years, or more often. After a period of public feedback, the Committee must submit the final version of their review to the Minister in charge of the AODA. Then, the minister must recommend to the Lieutenant Governor that the standard be accepted in whole, in part, or with modifications. The first review of the Employment Standards became public in 2019. However, the Ontario government has not made any of the changes to the Employment Standards that the review recommends. In short, no steps have been taken for implementing the first review of the employment standards.
Implementing the First Review of the Employment Standards
In this review, the AODA Employment Standards Development Committee outlines improvements to make employment accessible for workers and job-seekers with disabilities by 2025. Recommendations impact all forms of employment, including:
- Full-time
- Part-time
- Apprenticeship
- Seasonal work
The Committee recommends changes to the standards to identify, remove, and prevent the barriers that job-seekers with disabilities face. In addition, workers with disabilities may experience barriers during any stage of their employment, such as:
- The recruitment and hiring processes
- Workplace accommodation
- Performance management, career advancement, or redeployment
- Returning to work after gaining a disability and requiring accommodations
However, in some instances, the Committee does not recommend changes to the Employment Standards. Nonetheless, the Committee identifies barriers that employment-seekers and workers with disabilities face, and recommends strategies to remove these barriers. If the government and other organizations work together to implement these strategies, and the Standards change in compliance with the Committee’s recommendations, the province will be closer to its goal of full accessibility by 2025.
Recommendations in the First Review of the Employment Standards
The Committee recommends:
- Educating employers about the Ontario Human Rights Code and the Employment Standards
- A definition of employee in the Integrated Accessibility Standards Regulation (IASR)
- Notifying job applicants about workplace accommodation at every stage of employment
- Accessible employee recruitment, assessment, and selection processes
- Workplace emergency response information and individualized assistance
- Updating individualized workplace accommodation processes
- Monitoring implementation of return-to-work processes
Some of these recommendations are similar to recommendations in the Third Review of the AODA for removing the many barriers to employment that people with disabilities face. Moreover, the Third Review of the AODA also recommends that the government improve its strategy for employing people with disabilities. However, like the Committee’s recommendations, the Third Review’s recommendations have not yet been implemented.
Though the government must hold and publicize reviews of the AODA and each of its standards, no mandate requires the government to follow the recommendations in these reviews. However, Ontario will never become fully accessible until the government improves and enforces the AODA standards. Therefore, implementing the first review of the employment standards is a crucial step toward meeting the AODA’s goal of an accessible province by 2025. In contrast, if the government does not implement these recommendations, it will not meet the deadline mandated in its own law.