Section #30: Performance Management

What the standard says

(1) An employer that uses performance management in respect of its employees shall take into account the accessibility needs of employees with disabilities, as well as individual accommodation plans, when using its performance management process in respect of employees with disabilities.

(2) In this section, “performance management” means activities related to assessing and improving employee performance, productivity and effectiveness, with the goal of facilitating employee success.

Suggested approach

To ensure that a fair and equitable review is conducted, managers who organize performance management meetings should consider any documented accommodation plans of employees whose performance is being reviewed.

To let employees know that accommodations are available upon request, those responsible for arranging the meetings could consider using the following language when they contact employees: “If you have an accommodation need due to a disability, please e-mail me directly and I will do my best to make appropriate arrangements.” This may help employees feel more comfortable about indicating their need for accommodation.

If employees request accommodations, performance reviewers should follow the accommodation procedures established at their institution. The reviewers should also consider seeking guidance in these instances from staff in human resources, employee assistance or accessibility services.

Any materials used as tools to review an employee’s performance should be available in easily convertible formats that can be used by both the employee and the reviewer. Those responsible for creating performance review templates can review the tip sheet series on creating accessible documents found in the Reference Library section of the Accessibility Toolkit.

Suggested best practices

Compliance schedule for Section #30, as stated in the IASR

  • For large designated public sector organizations, January 1, 2014.
  • For large organizations, January 1, 2016.

Definitions related to Section #30, as defined in the IASR

  • “Large designated public sector organization” means a designated public sector organization with 50 or more employees.
  • “Large organization” means an obligated organization with 50 or more employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a designated public sector organization.

How does the IASR relate to the Ontario Human Rights Code?

In Section 1 (2), the IASR states that, “the requirements in the standards set out in this Regulation are not a replacement or a substitution for the requirements established under the Human Rights Code nor do the standards limit any obligations owed to persons with disabilities under any other legislation.”