DISABILITIES IN THE WORKPLACE

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1 DISABILITIES IN THE WORKPLACE A Conversation about Issues and Best Practices SEMINAR MAY 27, 2013 MONTRÉAL TORONTO OTTAWA CALGARY VANCOUVER NEW YORK LONDON SYDNEY

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3 DISABILITIES IN THE WORKPLACE A Conversation about Issues and Best Practices AGENDA 4:30 pm Registration MAY 27, :00 pm Welcome and Introductions Lorna Cuthbert Partner and head of the Employment, Labour and Pension Group Chair of Diversity and Inclusion Committee Stikeman Elliott, Toronto 5:05 pm Presentations Kim Bellissimo Vice President, Human Resources Centre for Addiction and Mental Health Amy Hanen Associate Vice President Diversity and Employee Experience Analytics TD Bank Group Brendon D. Pooran Principal PooranLaw Professional Corporation Mark Wafer Franchise Owner Tim Hortons 5:55 pm Question and Answer Period 6:10 pm Closing Remarks & Reception

4 DISABILITIES IN THE WORKPLACE A Conversation about Issues and Best Practices CONTENTS MAY 27, 2013 SPEAKERS Lorna Cuthbert Partner and head of the Employment, Labour and Pension Group, Chair of Diversity and Inclusion Committee Stikeman Elliott, Toronto Kim Bellissimo Vice President, Human Resources Centre for Addiction and Mental Health Amy Hanen Associate Vice President Diversity and Employee Experience Analytics TD Bank Group Brendon D. Pooran Principal PooranLaw Professional Corporation Mark Wafer Franchise Owner Tim Hortons PRESENTATION SLIDES Disabilities in the Workplace A Conversation about Issues and Best Practices RESOURCES National Standard of Canada for psychological health and safety in the workplace Mental Health commission of Canada Accessibility for Ontarians with Disabilities Act (AODA) Rethinking DisAbility in the Private Sector Human Resources and Skills Development Canada An overview of Stikeman Elliott s Diversity and Inclusion Initiatives

5 DISABILITIES IN THE WORKPLACE A Conversation about Issues and Best Practices PROFILES OF TODAY S SPEAKERS MAY 27, 2013 Lorna Cuthbert Partner and head of the Employment, Labour and Pension Group, Chair of Diversity and Inclusion Committee Stikeman Elliott, Toronto Kim Bellissimo Vice President, Human Resources Centre for Addiction and Mental Health Amy Hanen Associate Vice President Diversity and Employee Experience Analytics TD Bank Group Brendon D. Pooran Principal PooranLaw Professional Corporation Mark Wafer Franchise Owner Tim Hortons

6 Lorna A. Cuthbert 5300 Commerce Court West, 199 Bay Street, Toronto, Canada M5L 1B9 Direct: (416) Fax: (416) Law Practice Lorna Cuthbert is a partner and head of the Employment, Labour and Pension Group of the Toronto office. Her practice encompasses all matters relating to employment and labour law, with a particular focus on the human resources aspects of commercial matters. She has advised on the employment and labour ramifications on numerous mergers and acquisitions, restructurings, outsourcing and insolvency mandates. She negotiates executive employment agreements, consulting agreements, termination arrangements and regularly advises multinational corporations in establishing operations in Canada, including in relation to business immigration requirements. Ms. Cuthbert also provides advice to clients regarding employment standards compliance, human rights, wrongful dismissal, enforceability of restrictive covenants, and employee privacy. She is acknowledged by The Best Lawyers in Canada 2013 for her Labour and Employment Law expertise, and was recently recognized as a Canadian Diversity Champion by Women of Influence, Inc., for her dedication to leading and developing innovative diversity initiatives and programs in the workplace. Professional Activities Ms. Cuthbert is a m ember of the Law Society of Upper Canada and the Canadian Bar Association. She is Chair of the Toronto office s Diversity and Inclusion Committee and Co- Chair of the firm s National Diversity Committee and is actively involved with TRIEC (Toronto Region Immigrant Employment Council), both as a mentor and as the firm s representative on TRIEC s Council Membership. Publications and Speaking Engagements In addition to outside speaking engagements, Ms. Cuthbert provides presentations and training to firm clients on all matters relating to human resources. Below are some recent representative engagements: > Things to think about: What's on Your Radar?, Employment & Labour Law in 2012: Lessons Learned, Stikeman Elliott CLE seminar, October > Employment Law and the New Workplace in the Social Media Age for the Law Society of Upper Canada, Special Lectures 2012 series, April, > Hiring and Firing a Foreign Worker, The Six-Minute Employment Lawyer 2011 for the Law Society of Upper Canada. PROFILE

7 > Negotiating and Drafting Key Contract Terms: From the Term Sheet Onwards with Robert Colson for the Osgoode Professional Development CLE, September, > H1N1 and the Law: What U.S. and Canadian Employers Should Know, Benefits Across Borders, co-authored with Heather Egan Sussman, McDermott Will & Emery, October, Education University of Western Ontario (LL.B. 1990), University of South Florida (B.A. magna cum laude 1987). Bar Admission Ontario, PROFILE

8 Kim Bellissimo Vice President, Human Resources Centre for Addition and Mental Health 33 Russell Street, Toronto, ON M5S 2S1 Direct: (416) ext Fax: (416) Kim brings a w ealth of experience in leadership development, change management and c ustomer service to CAMH in the role of Vice President, Human Resources. Most recently the Senior Director of Human Resources at the University Health Network, Kim s resume includes work in both the private sector and in the Ontario Public Service. Kim has led projects with broad organizational impact. Her major accomplishments include overseeing the merger of two health care facilities, developing novel performance assessment approaches and tools for performance management and succession planning, and developing managers. She believes in a pr oactive and s trategic approach to HR and has a gr eat track record of building strong HR teams. Over her career Kim has also demonstrated a commitment to the concept of a learning organization.

9 Amy Hanen Associate Vice President Diversity and Employee Experience Analytics TD Bank Group TD Tower, 66 Wellington Street West, Toronto, Canada M5K 1A2 Direct: (416) Fax: (416) Amy Hanen is currently the Associate Vice President Diversity and Employee Experience Analytics for TD Bank Group working closely with TD s Diversity Leadership Council to develop and execute a broad range of diversity and inclusion strategies for both employees and customers of TD. TD is committed to accessibility and opportunity for people with disabilities and strengthening relationships with major community partners. Some of TD s innovations in the area include a state of the art Accessible Technologies Lab and a pilot to provide video remote ASL interpreting for employees and customers. Amy was a founding board member of the ALS Society of Toronto. She is currently on the board of the Canadian Abilities Foundation and a trustee of the HALO foundation.

10 Brendon D. Pooran Principal PooranLaw Professional Corporation 120 Eglinton Avenue East, Suite 1000 Toronto, Ontario M4P 1E2 Direct: (416) Fax: (416) Brendon is involved in all areas of the firm s practice and r egularly provides advice to individuals, families, organizations and government in the areas of will & estates planning, government benefits, and disability law. He has been involved with various disability organizations as a m ember, volunteer, employee or director for most of his life. His practice, which is primarily built around disability issues, is inspired by the challenges persons with disabilities face throughout their lives. He created PooranLaw Professional Corporation to provide a voice for this community and to serve as a resource for accessibility issues throughout Ontario. In addition to being a lawyer, Brendon teaches Critical Disability Law at York University, is President of the Board of Directors at Community Living York South, and is a lawyer member of the Ontario Consent and Capacity Board. He also provides performance management solutions to organizations in the human services arena.

11 Mark Wafer Franchise Owner Tim Hortons 874 Sinclair Road, Oakville, ON L6K 2Y1 Direct: (905) Fax: (905) Mark Wafer is the owner of six Tim Hortons locations in Toronto. In the past 18 years Mark and hi s wife Valarie have hired 85 p eople with disabilities and c urrently employ 36 individuals with disabilities from a workforce of 210 in all aspects of the business from entry level to management. Mark believes there is a compelling business case for inclusive hiring practices. Mark is a m ember of the Federal panel on labour market opportunities, a member of Ontario's Lieutenant Governors accessibility team, a founding member of Canada's new national strategy amd co-founder of the Rotary at work program. In his spare time Mark is a motorsport enthusiast and a former amateur race car champion. He lives in Ashburn Ontario.

12 DISABILITIES IN THE WORKPLACE A Conversation about Issues and Best Practices PRESENTATION SLIDES MAY 27, 2013

13 Disabilities in the Workplace A Conversation About Issues and Best Practices Welcome and Introduction to our Speakers Kim Bellissimo, Vice President, Human Resources Centre for Addiction and Mental Health Amy Hanen, Associate Vice President, Diversity and Employee Experience Analytics TD Bank Group Brendon Pooran, Principal - PooranLaw Professional Corporation Mark Wafer, Franchise Owner Tim Hortons SLIDE 1 1

14 TOPIC #1 The Work Experience of the Disabled Worker Who is covered by the term disabled worker Understanding Invisible versus Visible disabilities The myths that surround employing disabled workers What mistakes do we make to alienate our disabled workers SLIDE 2 TOPIC #2 The Benefits of Employing Persons with Disabilities The business case for employing disabled workers A Tim Hortons experience Best practices for helping a disabled worker feel integrated in the workplace SLIDE 3 2

15 TOPIC #3 - TD Experience and Other Successful Employer Experiences TD Experience Sharing of best practices within our audience s own organizations SLIDE 4 Diversity@TD: Our People, Our Culture, Our Customers Our Customers Our People - Building Diversity Outreach Selection Accommodation Assistive Technology Our Culture - Becoming Inclusive Employee Education Management Communication Engagement Our Community 3

16 TOPIC #4 RESOURCES The Mental Health Commission of Canada s National Standard for psychological health and safety in the workplace Recruitment where do we go to recruit disabled workers? Accessibility for Ontarians with Disabilities Act (AODA) (web accessibility, workplace/workspace design) Community Partners Rethinking DisAbility in the Private Sector Human Resources and Skills Development Canada SLIDE 6 Questions and Answers Lorna Cuthbert lcuthbert@stikeman.com Kim Bellissimo kim.bellissimo@camh.ca Amy Hanen amy.hanen@td.com Brendon D. Pooran bpooran@pooranlaw.com Mark Wafer mwafer@xplornet.com 4

17 DISABILITIES IN THE WORKPLACE A Conversation about Issues and Best Practices RESOURCES MAY 27, 2013 National Standard of Canada for psychological health and safety in the workplace Mental Health commission of Canada Accessibility for Ontarians with Disabilities Act (AODA) Rethinking DisAbility in the Private Sector Human Resources and Skills Development Canada An overview of Stikeman Elliott s Diversity and Inclusion Initiatives

18 DIVERSITY & INCLUSION Our firm members take tremendous pride in Stikeman Elliott s selection to the Top 100 Employers list for the past four years and the Best Diversity Employers for the third time. This recognition has fostered a heightened and ongoing commitment to investing further in the development and engagement of our people while appreciating their many contributions and talents. We understand that only through unique strengths, opinions and values can we create a dynamic and exciting workplace for our people and deliver exceptional legal services to our clients. We celebrate the diversity and individuality of our firm members. Our lawyers have a common desire to excel in the practice of law and each comes to us with individual perspectives, backgrounds and fresh ideas. We embrace this diversity and individuality and seek to nurture it. Our Toronto office Diversity & Inclusion Committee, which was one of the first of its kind within law firms, consists of partners, associates and firm management and has firm-wide support and recognition. The Diversity & Inclusion Committee s overriding mission is to ensure that we recruit and engage the best talent, which requires that we draw from a pool that is as large and diverse as possible, and that our workplace provides the best possible development and advancement opportunities for the broad and diverse range of individuals who work at our firm. Within the legal community, we are at the forefront in our diversity and inclusion initiatives. Our Committee members stay apprised of best practices for the workplace and are leaders in creating, developing and implementing diversity and inclusion programming for our legal professionals and staff, recognizing ethnic origin, culture, religion, gender, persons with disabilities, sexual orientation and other communities represented within the firm. We also seek to support our firm members internally through a number of specific initiatives, including: Hear My Name, an online internal firm personnel directory which allows firm members to click to hear each person pronouncing their own name; a Reflection Room to practice religious observances; progressive maternity and paternity leave policies; in-depth orientation and training on the firm s diversity policies and initiatives; our mentorship programs; individual career development sessions; informal lunches and discussions with TORONTO MONTRÉAL OTTAWA CALGARY VANCOUVER NEW YORK LONDON SYDNEY

19 Diversity & Inclusion Committee members on a range of topics; and multicultural-themed events, including a Multiculturalism, Pride and Canada Day Celebration. Importantly, it is our goal to create a culture of openness and respect around issues of diversity, where individuals feel free to discuss differing views and offer helpful feedback. One of the cornerstones of our diversity and inclusion programs is a commitment to community outreach and participating in pro bono initiatives affecting the diverse communities in which we live and work. Our lawyers regularly visit law schools, high schools and community groups to speak about law and diversity issues, and we invite students to the firm to meet with our lawyers. We also provide funding to student and community groups that support diversity initiatives in the legal profession. A few of the other programs we are proud to support and participate in include: Pathways to Education, a program created to encourage young people from at-risk and economically disadvantaged communities to stay in school. The Justicia Project undertaken by various provincial law societies, dedicated to the retention and advancement of women lawyers in private practice. The University of Toronto s Internationally Trained Lawyers Program, which assists internationally trained lawyers seeking to practice law in Ontario, as they go through the accreditation and job search process. Within the legal community, we are at the forefront in our diversity and inclusion initiatives. OUR COMMITMENT Our Diversity & Inclusion Committee, which consists of partners, associates, and firm management members, meets monthly to discuss our ongoing initiatives. Lorna Cuthbert, Chair Alethea Au Andrea Boctor Michael Burkett Janene Charles Jumi Gervacio Jay Kellerman Eliot Kolers Diana Lawrence Rosa Leonardelli Shanin Lott Ray McDougall Wesley Ng Susan Pak Jennifer Rafauli Anne Ristic Barbara Schechter Kevin Smyth If you have any questions about our diversity and inclusion initiatives, please contact: Lorna Cuthbert Stikeman Elliott 5300 Commerce Court West 199 Bay Street Toronto, Canada M5L 1B9 (416) lcuthbert@stikeman.com SINCE

20 TORONTO 5300 Commerce Court West, 199 Bay Street, Toronto, ON, Canada M5L 1B9 Tel: (416) Fax: (416) MONTRÉAL 1155 René-Lévesque Blvd. West, 40th Floor, Montréal, QC, Canada H3B 3V2 Tel: (514) Fax: (514) OTTAWA Suite 1600, 50 O Connor Street, Ottawa, ON, Canada K1P 6L2 Tel: (613) Fax: (613) CALGARY 4300 Bankers Hall West, 888-3rd Street S.W., Calgary, AB, Canada T2P 5C5 Tel: (403) Fax: (403) VANCOUVER Suite 1700, Park Place, 666 Burrard Street, Vancouver, BC, Canada V6C 2X8 Tel: (604) Fax: (604) NEW YORK 445 Park Avenue, 7th Floor, New York, NY Tel: (212) Fax: (212) STIKEMAN ELLIOTT LONDON Dauntsey House, 4B Frederick s Place, London EC2R 8AB England Tel: Fax: Authorized and regulated by the Solicitors Regulation Authority, SRA No SYDNEY Level 12, 50 Margaret Street, Sydney, N.S.W. 2000, Australia Tel: (61-2) Fax: (61-2) This publication provides general commentary only and is not intended as legal advice. SINCE 2008

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