policies & procedures
Creating Inclusive Workplaces
ACCOMMODATING EMPLOYEES WITH MENTAL HEALTH AND ADDICTION
DISABILITIES
Based on a 2012 survey of people
aged 15 and over, Statistics
Canada says that one in three
Canadians experiences a mental
or substance use disorder in their lifetime.
The Mental Health Commission of
Canada says that on any given week, more
than 500,000 Canadians will miss work
due to a mental health issue.
Under Ontario’s Human Rights Code,
employers cannot discriminate against
employees with mental health and addiction
disabilities. Some employers don’t
know their human rights obligations, and
many people with these disabilities are unaware
they are protected under provincial
and federal human rights laws.
Employers cannot choose to stay unaware
of discrimination or harassment
of someone with a mental health disability
or addiction, whether or not a human
rights claim has been made. Employers
violate the Code where they directly or indirectly,
intentionally or unintentionally
infringe the Code, or where they authorize,
condone or adopt behaviour that is contrary
to the Code.
Discrimination can take many
different forms. It can happen when employers
specifically exclude people with
mental health disabilities or addictions in
the workplace, withhold benefits or impose
extra burdens without a legitimate
reason. Discrimination is often subtle and
unintentional.
Stereotyping can lead to discrimination
and harassment. It can also lead institutions
to develop policies, procedures and
decision-making processes that exclude
or marginalize people with disabilities – a
type of “systemic” discrimination.
Employers must take steps to prevent
“ableism” – attitudes that devalue and limit
the potential of people with disabilities.
To prevent discrimination, stereotyping
and ableism, employers need to find and
remove the barriers faced by employees
with mental health or addiction disabilities:
attitudinal, communication-based,
physical or systemic. Equally important,
employers should avoid new barriers when
creating policies, programs, procedures,
standards, requirements and facilities.
Applying the principles of inclusive design
in these areas will reduce the need for individual
accommodation.
Under the Code, employers have a duty
to accommodate the needs of employees
with mental health or addiction disabilities
to the point of undue hardship. The
goal of accommodation is to allow people
to equally take part, contribute to and benefit
from employment. If employees with
disabilities require it to do their jobs, employers
must waive or change their rules,
requirements, procedures and policies
to allow for equal opportunities. Unions
also have a duty to work with the employer
to make sure someone’s needs are
accommodated.
Both the employer and the person seeking
accommodation have roles to play in
assessing and providing accommodations.
The employee must tell the employer or
union what their disability-related needs
By Mashoka Maimona
JFunk / Shutterstock.com
HRPATODAY.CA ❚ SEPTEMBER 2015 ❚ 31
