The government’s decision to mandate federal public service workers back into the office has been harmful to the well-being and work-life balance for many of our members. For workers with disabilities and those with caregiving responsibilities, the impacts have been significant.

Despite years of success with telework, both before and after the pandemic began, accommodations involving telework are being refused or terminated without proper consideration. A number of those affected are members with disabilities who are subject to discrimination because of the rigid application of this protocol. Under Treasury Board’s direction, departments have been neglecting workplace flexibility and accessibility and violating both the Canadian Human Rights Act and collective agreement protections.

The result is that workers with disabilities are faced with increased stress, financial burdens, and violations of their privacy. Women, who are most often responsible for caregiving in families, are being impacted at a higher rate, as well as those with other needs that fall within human rights legislation.

Policies must be inclusive and accommodating

What we are seeing in many workplaces are violations of human rights protections that have been set out in Canadian human rights law for decades. Under the law, employers must develop policies and practices that are inclusive and accessible to all. Legislation, including the Canadian Human Rights Act and the Accessible Canada Act, set out important rights to ensure that people with disabilities have equitable access to participation in the workplace.

In 1999, the Supreme Court of Canada, in its landmark Meiorin decision, stated:

Employers designing workplace standards owe an obligation to be aware of both the differences between individuals, and differences that characterize groups of individuals. They must build conceptions of equality into workplace standards.

This means that all employer policies, including the Direction on prescribed presence in the workplace (PPW) must be designed to be inclusive and cannot be applied arbitrarily without considering individual needs.

A disability accommodation that involves a revised or full-time telework arrangement is not an “exemption” or “exception” to the PPW, any more than a wheelchair ramp is an “exception” to the stairs. It is simply a way to ensure employees with different needs can fully participate in the workplace as any other employee would.

Extra burdens on employees with disabilities

Managers have been creating more barriers and burdens on employees with disabilities who need accommodation, including:

• excessive and repeated requests for medical documentation to support requests for accommodation, and out-of-pocket expenses to comply with these requests
• excessive delays in providing accommodations, leaving employees to worry about the future of their jobs
• requiring employees to report to offices that do not have their needed ergonomic equipment, or requiring them to move the equipment from one desk to another when they report to the office, placing them at risk for further injuries
• forcing employees to choose between their health and their job by requiring them to come to work despite a significant risk of injury or illness, or conversely, employees having to take sick leave or other leave because they are unable to report to the office

The effects are:

• increased stress,
• decreased productivity and morale,
• increased absenteeism due to frequent medical appointments,
• the loss of leave credits due to having to take leave (sick, disability, vacation, etc.)
• in some cases, psychological or physical injuries

This approach has also robbed many employees of their dignity. Instead of being provided some flexibility and feeling respected for their contributions to the workplace and, many employees are being treated as though they are lazy or incompetent.

What can we do?

CEIU has been challenging the departments to change the way they are applying the PPW. We will continue to advocate for our members with disabilities, and all of our members, to ensure that employers treat employees with respect and dignity and apply this policy in an equitable and flexible way. CEIU is also assisting members with their accommodation requests and grievances.

CEIU is demanding that departments:

• review and revise the application of the policy to ensure that it is inclusive and consistent with human rights law
• take a flexible, open, and inclusive approach to requests for accommodation
• immediately accept and implement all accommodation requests while a final decision is being made
• respect the dignity and honesty of employees by asking only for supporting documentation that is not overly intrusive or violates the employee’s privacy
• replace any lost sick leave or other leave credits that employees have had to take while awaiting appropriate accommodation

What can members do?

• For more information, see our FAQ regarding the Duty to accommodate and return to office.
• If you have requested a workplace accommodation and your request has been denied or delayed, speak to your local CEIU representative for assistance.