Chapter 2: Employer Responsibilities

Learning Objectives:

• Understand the Convention on the Rights of Persons with Disabilities (CRPD) and its implications for employers.
• Learn about the legal responsibilities of employers to support employees with intellectual disabilities, particularly under the Accessible Employment Standard Regulation in Manitoba.

Employers play a crucial role in supporting employees with intellectual disabilities, guided by both the Convention on the Rights of Persons with Disabilities (CRPD) and local regulations such as the Accessible Employment Standard Regulation in Manitoba and the Accessibility for Manitobans Act (AMA). Understanding Article 27 of the CRPD is essential as it outlines the rights of persons with disabilities to work on an equal basis with others, including the right to gain a living by work freely chosen or accepted in a labour market that is open, inclusive, and accessible.

Article 27 of the CRPD recognizes the right of persons with disabilities to work, on an equal basis with others. This includes the right to the opportunity to gain a living by work freely chosen or accepted in a work environment that is open, inclusive and accessible. Canada as a signatory to the Convention must safeguard and promote the right to work by doing the following: 

a) Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;

b) Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;

c) Ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;

d) Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;

e) Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment;

f) Promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one’s own business;

g) Employ persons with disabilities in the public sector;

h) Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;

i) Ensure that reasonable accommodation is provided to persons with disabilities in the workplace;

j) Promote the acquisition by persons with disabilities of work experience in the open labour market;

k) Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.

Employers must ensure that their workplaces are accommodating and supportive, adhering to legal responsibilities such as providing reasonable accommodations, ensuring accessibility, and preventing discrimination. Compliance with the AMA's standards, including ongoing employee training, is required to maintain an inclusive environment.

Under the Accessible Employment Standard of the Accessibility for Manitobans Act, employers with one or more employees are required to comply with the following requirements: 

• Create emergency response information to help employees stay safe during emergencies.
• Ask employees who require assistance for permission to share information with individuals who agree to help.
• Offer reasonable accommodations when recruiting new employees.
• Inform applicants about workplace accommodation policies and practices when making an offer of employment.
• Let employees know about accessible employment policies and practices, including updates.
• Offer accessible formats and communication support to employees, upon request.
• Develop and implement individual accommodation plans for employees upon request.
• Empower management to consider workplace accommodations to remove a barrier affecting an employee’s performance.
• Consider workplace accommodations to remove a barrier that may affect an employee’s opportunities for training and advancement.
• Have a policy and process to determine reasonable workplace accommodations when an employee is returning to work.
• Train management and staff with human resource responsibilities about accessible employment and related legislation.