{"id":37,"date":"2021-08-03T14:56:43","date_gmt":"2021-08-03T18:56:43","guid":{"rendered":"http:\/\/pressbooks.library.upei.ca\/transitiontoemployment\/?post_type=front-matter&p=37"},"modified":"2021-12-08T12:04:37","modified_gmt":"2021-12-08T17:04:37","slug":"important-terms","status":"publish","type":"front-matter","link":"https:\/\/pressbooks.library.upei.ca\/transitiontoemployment\/front-matter\/important-terms\/","title":{"raw":"Important Terms","rendered":"Important Terms"},"content":{"raw":"The following are general definitions for important terms. The terms are discussed in more detail throughout the document. <\/strong>\r\n\r\n \r\n\r\nBarrier:<\/strong>\r\nA barrier is an element of the environment, including physical elements and emotional attitudes, that prevents a person with a disability from full participation in an activity (University of Prince Edward Island [UPEI], 2015).\r\n\r\n \r\n\r\nDisability:\r\n<\/strong>As stated in UPEI\u2019s Academic Accommodation for Students with Disabilities <\/em>policy, the term disability is defined as a functional limitation caused by a long-term or recurring physical, sensory, mental, physical or learning impairment that restricts the ability of a person to perform the daily activities necessary to participate in learning or daily living (UPEI, 2015). Disabilities covered in the PEI Human Rights Act<\/em> include most physical and mental conditions that affect ability, and the Act <\/em>covers both visible and invisible disabilities (PEI Human rights Commission [HRC], 2016b).\r\n\r\nThe Ontario Human Rights Commission notes that, \"A disability may be the result of combinations of impairments and environmental barriers, such as attitudinal barriers, inaccessible information, or the barriers that affect people\u2019s full participation in society\" (Ontario Human rights Commission, n.d).\r\n\r\n \r\n\r\nInvisible disability:\r\n<\/strong>An invisible disability is a disability that is not noticeable or apparent to others. Invisible disabilities can include brain injuries, chronic pain, mental illness, diabetes, hearing impairments, gastrointestinal disorders, and many more. All of these conditions can disrupt everyday activities, but they are not obvious to others. Invisible disabilities may be overlooked and misunderstood (Rick Hansen Foundation, 2015; Magliano & Santuzzi, 2013).\r\n\r\n \r\n\r\nAccommodation:\r\n<\/strong>In this guide, accommodation refers to equipment, practices or policies that enable an employee with a disability to succeed in the workplace. Examples of accommodation include additional equipment or modifications to existing equipment (e.g. modified keyboards), flexible hours of work or modified work schedule, additional training, modified work environment (e.g. quiet areas) and customized work duties (Disability Alliance BC, 2016).\r\n\r\n \r\n\r\nDuty to accommodate:\r\n<\/strong>In Canada, employers have a legal obligation to \u201cidentify and eliminate any rules, policies, practices, facilities or equipment that may have a discriminatory effect against employees or potential employees<\/em> [emphasis added] and limit their opportunities for employment\u201d (WorkSafeNB, 2013; PEI HRC, 2016a; 2016b). This is referred to as the duty to accommodate.\r\n\r\nEmployers must accommodate the needs of individuals or groups (including employees) protected by the PEI Human Rights Act<\/em> to the point of undue hardship. To successfully accommodate an employee, an employer must implement whatever means necessary (up to the point of undue hardship) to allow the person to work to the best of their ability. \u201cTo accommodate an employee may mean specific changes to the workplace environment, policies, and standards.\u201d Accommodation can only be denied if a rule, standard or practice is based on a Bonafide occupational requirement and therefore cannot be changed (PEI HRC, 2016c; 2016d).\r\n\r\nThis legal obligation is mandated in all provinces and territories by provincial human rights acts.[footnote]While every province and territory in Canada recognizes the duty to accommodate, each province has different grounds that constitute discrimination. Students should review the grounds in PEI, some of which are outlined in this document (HR Council, 2016).[\/footnote]<\/a> Federally-regulated workplaces are subject to the Canadian Human Rights Act <\/em>through the Canadian Human Rights Commission.\r\n\r\n \r\n\r\nUndue hardship:\r\n<\/strong>Undue hardship means that accommodating the special needs of protected individuals (employees protected under the PEI Human Rights Act<\/em>) imposes an unreasonable burden on employers. \u201cWhat constitutes undue hardship will vary in each case, as will the factors taken into consideration.\u201d For example, it is considered undue hardship if the accommodation affects the financial viability of the enterprise, or creates unsafe working conditions for one or more employees. In PEI, it is the employer\u2019s responsibility to prove the existence of undue hardship as a result of providing an accommodation (PEI HRC, 2016c; 2016d).\r\n\r\nAccording to the PEI Human Rights Act (PEI HRC, 2016c; 2016d), some common factors considered when determining if an accommodation constitutes undue hardship are:\r\n