Providers of restaurant services must comply with the requirements of both the Building Code and the Human Rights Code. Those who do not may pay a high price in terms of loss of a significant client base and damaged reputations.
Accessibility also makes good business sense, particularly in light of our aging population and the greater numbers of Ontarians exhibiting varying degrees of ability, as well as families with small children. All of these groups can benefit from accessibility features such as ramps, automatic doors and unobstructed passageways.
The Commission does recognize the difficulty that businesses sometimes face in achieving accessibility, particularly those that own or operate older facilities. Renovations may seem too costly or not worth pursuing if a location is not very profitable or if there are plans to relocate in the future. Businesses that complied with older building codes that did not require barrier-free design can be understandably frustrated to learn the Human Rights Code can still require them to take steps and achieve accessibility in these premises, subject only to the undue hardship standard.
At the same time, a business or organization that has no plan or intention to renovate inaccessible facilities is leaving itself vulnerable to the possibility of a complaint under the Human Rights Code. Rather than addressing barriers simply on the basis of one human rights complaint at a time, the Commission would much prefer that businesses make commitments to achieve an inclusive and accessible restaurant and hospitality industry voluntarily and cooperatively.
Planning and taking steps are key components to achieving full accessibility and preventing human rights complaints. This must involve a commitment to refrain from creating new barriers for persons with disabilities and to identify and remove existing ones.
To this end, the Commission initiated the Accessibility Audit of select chains to demonstrate the nature of barriers that exist in the restaurant industry. Detailed results of the Accessibility Audit were shared with each of the seven restaurant chains in June 2003. The Commission then sought meetings with senior representatives of the chains in the Fall of 2003 to hear their reaction to the results of the Audit. The chains were asked to commit to the following five steps identified together by the Commission as critical for the restaurant industry to undertake towards meeting its obligations under Ontario’s Human Rights Code:
On the whole, the Commission is pleased with the positive and enthusiastic response received from the chains. All seven chains have committed, for the most part, to the five (see Appendix IV for a complete list of commitments made).
Some of the chains also reported on additional related activities or expressed broader views (also see Appendix IV).
The Commission would like to recognize and commend these chains for making important commitments and undertaking activities to address accessibility barriers for customers with disabilities.
Appendix V of this Report lists a number of resources available to businesses and organizations to assist with the barrier-free design of their facilities and services. The accessibility checklist used in the Commission’s audit of select restaurant locations is also included in Appendix III.
[4] CSA Standard B651-M95 “Barrier Free Design” and CSA Standard B480-02 “Customer Service for People with Disabilities” (www.csa.ca)