Designing Inclusively

A Constructive Approach Under the Ontario Human Rights Code, everyone has the right to equal treatment without discrimination because of disability. This means that people with disabilities should be able to live in environments with dignity and without barriers. Failure to provide equal opportunities and accessible facilities and services to people with disabilities can lead to a human rights complaint before the Ontario Human Rights Commission.

Accommodating the needs of people with disabilities is not as difficult a task as some may think. It simply involves recognizing what an individual needs and working together creatively to come up with a solution that best meets those needs.

In a case that came before the Commission, a homebuyer with a disability needed a number of alterations to the builder’s standard design, such as wider doorways, removal of door sills and an enlarged bathroom to enable him to freely move around the premises with a wheelchair.

The homebuyer claimed that he was first required to buy the home and afterwards meet with a design consultant to discuss possible modifications without any guarantee that the home could be made accessible. At issue was the concern as to whether the builder’s procedures properly considered accessibility issues up front, either in the contract of purchase and sale or in the floor plan drawings.

The matter was not investigated or referred for a hearing to the Human Rights Tribunal of Ontario; rather, the builder, Mattamy Homes, and the homebuyer agreed to resolve the issue in a direct and practical manner.

As part of the settlement, Mattamy Homes agreed to:

• Complete a written protocol setting out how its staff can address the needs of homebuyers with disabilities up front, including steps outlining how to assess feasibility and related costs for house design modifications required to accommodate a purchaser’s disability;
• Indicate house design modifications required by people with disabilities, where feasible, in the agreement of purchase and sale, by way of a schedule; and
• Provide a copy of the completed protocol to the Greater Toronto Home Builders’ Association.

The settlement demonstrates the types of policies progressive organizations can adopt to promote the equality of people with disabilities, improve customer service and meet the requirements of the Human Rights Code. Most importantly, it demonstrates how goodwill and open communication can literally open doors so that people with disabilities can fully access and enjoy their home environment as everyone else does.

If people need information on how best to meet the needs of people with disabilities, they may refer to the Commission’s Policy and Guidelines on Disability and the Duty to Accommodate (www.ohrc.on.ca). It sets out that under the Code, employers, unions, landlords and service providers have a “duty to accommodate” the needs of people with disabilities.

This “duty” is a legal obligation and a shared responsibility. This means that everyone involved, from the provider of a service, employment or housing to the person seeking accommodation must share information, be a part of the process to identify needs, and jointly explore accommodation solutions.

There is no set formula for accommodating people with disabilities. Although some accommodations can benefit many, a solution for one person may not necessarily work for someone else. Therefore, it is important to consider individual needs each time a request for accommodation is made.

Accommodation with dignity is also part of the broader principle that our society should be structured and designed for inclusiveness. Often, we see people maintaining the status quo, which is usually designed by able-bodied people, and then doing adjustments on an as-needed basis.

Experience shows, however, that it is much cheaper to address accessibility issues up front at the time of building rather than undertaking retrofits to existing spaces. For this reason, when designing and constructing new buildings, setting up new policies and procedures or offering new services, providers should consider choices that do not create barriers.

Applying the principles of universal design can ensure that buildings are planned and constructed without barriers so that everyone, not just people with disabilities but also older people and families with small children, can fully access their environment.

The Commission strongly encourages everyone to deal with human rights concerns up front as they arise. The example of Mattamy Homes is a good one and it’s a win-win situation: it makes good business sense and, under the Code, it’s the right thing to do.

Afroze Edwards is the Senior Communications Officer at the Ontario Human Rights Commission.

Want more info?

Visit http://www.ohrc.on.ca for further information on the Ontario Human Rights Commission’s work in the areas of:
* Education and disability
* Dining out accessibly
* Accessible transit services
* Access requirements in the Building Code