Some business owners, whether deemed large or small by the provincial government, are likely going to be shocked at requirements that will soon be in place for dealing with people with disabilities.
That was part of the message a group of business owners heard at a seminar at the Waterloo Wellington Futures Development Corporation on Nov. 16.
It invited Lynne Bard, the president and senior consultant of Beyond Rewards Inc., to explain the rules to business owners. And those rules might seem confusing and perhaps even unfair.
Bard cited a variety store in Guelph that was taken to the Human Rights Commission because the store was inaccessible to a customer – even though the owner offered to bring goods and services to the door of the store. The commission awarded the complainant $25,000 because his dignity was affected.
It later rejected a number of other complaints by the same person.
In another case, an Elora store that offered similar street services to a disabled person was taken to the commission because an able bodied person complained he did not receive the same service – and had to enter the store to shop.
In a third case, a person with a service animal, in this case a dog, was denied entry to a store in Alberta. The customer complained to head office and received a gift card and an invitation to shop at the store. When the customer returned, the manager again refused entry on the basis that the store did not allow animals.
Those are the types of possibilities that all businesses could be facing with the Accessibilities for Ontarians with Disabilities Act.
Bard said currently 15 to 16 per cent of Ontarians have a disability, although it might not be evident just by looking at them. For example, can anyone spot a diabetic or a deaf person?
She said that number is expected to reach over 20% in the coming years as the population ages.
Besides having to accommodate all people, she said it is simply good business to attract and keep customers that make up one of every five of the population.
She explained the first rule is if someone has “one or more employees, this applies to you.”
She added in the case of non-profit operations, volunteers have to be trained the same way that regularly paid staff are trained.
The written training is due by Jan. 1, as is emergency planning for employees.
Bard emphasized all staff have to be prepared to deal with handicapped people. It could range from providing a pad and pen for someone with a hearing disability to providing language services.
Bard said, though, it is strongly urging all businesses to have a written policy about how they will deal with people with accessibility issues. Businesses with fewer than 20 employees are exempt from a written policy, but Bard said it is good business to have one anyway. And they still must train their staff.
She strongly recommended the policy be placed on the company website, stating the way customers with disabilities will be served. As well, she recommended all websites have optional views so those with low sight can easily read it. Installing that option is easy and takes less than 30 minutes she said.
She noted websites should also have explanations of pictures and firmly state what the business is. “It is in your best interests to do so.”
When it comes to the deaf and blind, are those people going to shop at a business when the website does not accommodate them?
She noted in dealing with governments or even large companies, a request for proposal often requires an accessibility plan.
Futures director Paul Rogers asked if the act requires such things as larger print labeling of ingredients on cans and boxes.
Bard said there is no case law yet, but that will eventually have to be considered. She said in all cases, businesses will have to provide customers “with dignity and respect.”
A representative from The Donkey Sanctuary asked about allowing service animals such as dogs on the property. She said dogs spark aggression in donkeys and someone could get hurt.
Bard said in that case, the website should explain why a service person, and not a service animal should accompany someone with a disability. Further, the place should state on a sign the reason no animals can be brought onto the property. With terrain difficulties due to bad weather, customers should also be warned.
“It’s good customer service,” Bard said, adding it should be the goal of a business operator to consider “how to supply the best service possible.”
She said even small restaurants will have to consider how to accommodate wheelchairs. That cannot include seating someone without the chair – in case there is a fire.
Rogers said it sounds to him that the law is going to scare people from starting a business.
But Bard said all businesses already have other issues they must deal with, such as a health and safety report and a violence and harassment policy.
She explained the Workplace Safety and Insurance Board and human resources and Ministry of Labour have inspectors to do enforcement, and it is best that business owners with questions contact them to learn the official approaches before there are problems.
She said when inspectors drop in due to a complaint, they are often accommodating, but business owners should meet and discuss issues with them as fast as possible. Having a written policy to show them will immediately help.
She said the model is changing from complaint driven to how human resources can help businesses, and it offers a free service to small businesses to help them comply with the new laws. She said there are government videos to help train staff, and the overriding concern for business owners is to have staff ask such things as: “How can I help you?”
She suggested visiting the website of the Ministry of Consumer and Social Services and typing in “accessibility on …” to get videos to help in training.
Bard also noted event planning is affected. It is difficult to ban support animals, which can now include not only dogs, but monkeys and other animals. She admitted it becomes a difficult choice when some people are allergic to animals like dogs.
She said in some cases, a support person might have to accompany someone with a handicap, but then the organization holding an event has to decide if there is an admittance charge for that support person. It should post such notices on its website and at the venue.
One of the participants at the seminar suggested, “People can take issue with just about everything.”
Another added, “And they will.”
Bard noted, “People who are making these rules and regulations work for government. They don’t really know what is common sense to us.”
She suggested companies find gaps in their services and suggested one good way to do that is to provide a method for the disabled to provide feedback on the service they received. She added it is imperative feedback forms consider people’s disabilities.
The Futures Development Corporation holds regular seminars for business owners. Contact business development officer Tina Heathers for the Dec. 7 seminar on legal issues for small business at 519-846-9839, extension 222 for information or to arrange to attend.
