YUFA
Disability & Accommodation
Workers
with Disabilities
York “Redefines the Possible”
(First
printed in Critical
Times, Issue 3)
By
Ruthanna Dyer
20 Jan 04 – York’s
original Latin motto translates to “The way must be tried”, but for
those of us working with disabilities it should more accurately read, “
The way is trying.” Anyone on campus this Fall understands the barriers
that have been imposed by the new construction; hoarding that seems to
extend to the horizon without a break for access to buildings, lighting
that is turned off, new and renamed buildings, uneven walkways, incessant
noise from construction and roads and walkways blocked intermittently.
This environment is symbolic of the “way” that exists for those of us
seeking accommodation in the workplace.
As the York faculty and librarians age, more individuals are
experiencing disability in the workplace. The physical environment is a
challenge as is the adaptation required by our changing bodies, but the
greatest challenges are those created and maintained by the administration
of the university. Such challenges include but are not limited to interior
doors that are too heavy to be opened without pain, medical parking spots
barricaded behind new gating, larger classes in classrooms with poor
acoustics, dim lighting in libraries and along walkways, and new buildings
without interior signage. These physical aspects of the built environment
could have been prevented or addressed if disability audits had been done
prior to new construction or renovation.
The systemic barriers are much more difficult to address.
While the University Senate has a policy on accommodation and procedures
to implement it, the process is seriously flawed. There are no clear
instructions about how to facilitate accommodation. Several departments
may be involved and finding out who does what is a research puzzle! All of
this reduces the autonomy and dignity of the worker when support and
efficient action is needed most. The disabled worker requires creative
solutions and is prepared to participate in reaching that solution, but
wasting energy within the bureaucratic maze causes fatigue and anger. For
many, a fatalistic sense that nothing can or will be done becomes an
additional challenge in the workplace.
Faculty have been told that the costs of accommodation must
be paid by their local unit; the procedure states that the first $500 in
funding must come from the local budget. This acts as a very effective
deterrent to requests. What essential services used by the unit will need
to be cut to accommodate the request? Units apparently do not have access
to dedicated funds to use to meet such needs. Again equity is eroded as
ableism is the norm and disabled worker is treated as a “charity
case”. It is important to note that the York University is a single
employer with a legal responsibility to accommodate disabled workers.
Recent court rulings have upheld the duty to accommodate even where costs
to do so are substantial.
The irony of this is that in the past York has been in the
forefront of accommodation for students studying with disabilities. Unlike
many other employers, the university has a significant number of experts
teaching and doing research in programs that address social equity and
disability issues. Why has this expertise not been used to facilitate an
equitable and accessible workplace? Only the administration of the
university can answer that question. YUFA went to the bargaining table
this year to negotiate effective language with respect to accommodation in
the workplace. As a result, a new Taskforce has begun meeting to address
this important issue. It is YUFA’s hope that the Taskforce will be able
to affect an accommodation protocol that respects the dignity and rights
of disabled workers.