Did you know that a quarter of the working population will experience a mental health concern at some point in their lives? According to Quebec and Canadian law, the principle of reasonable accommodation also applies to people with mental health concerns.
People living with mental health problems can face challenges in the workplace. For people with severe mental disorders (e.g., major depression, bipolar disorder, schizophrenia), it can be difficult to meet job requirements, maintain a good relationship with their employer/coworkers and adapt to working conditions that are not suited to their needs. For people suffering from more common mental disorders (e.g., anxiety, mood disorders, eating disorders), returning to work after a leave of absence can be particularly difficult if the conditions that caused them to leave in the first place have not changed.
Given the wide range of mental health disorders, flexible measures adapted to different realities must be put in place by employers to ensure equal access to the workplace. These measures are governed by the legal obligation of reasonable accommodation, a principle developed by Canadian courts in 1985. This principle is a general obligation to adapt employment conditions to meet the particular needs of people with disabilities. Since 2000, the definition of “person with disabilities” has been adjusted so that it is no longer limited to its biomedical definition: it now covers people suffering from mental disorders, even if the condition has not yet been diagnosed by a doctor.
The employer must therefore consider all possible measures to enable the person involved to carry out their work, as long as they do not represent an undue hardship (i.e., if the financial cost is excessive, if it affects the rights of other employees, or if it harms the efficient running of the business). The obligation to accommodate ceases only if the person is unable to perform their work in the foreseeable future, despite the measures in place.
Based on an analysis of Quebec court decisions from 1999 to 2012, Laflamme’s study presents the types of accommodation measures for people living with mental health disorders. The most frequent measures include:
- maintaining employment despite prolonged and/or repeated absences;
- the possibility of a gradual return to work through reduced working hours; and
- the modification of work duties that have a negative psychosocial impact on the employee.
Other solutions that demonstrate flexibility, concerted action, innovation, and inclusion by the employer are also valid. These include adapting work training and providing frequent feedback on the work performed. The employer can also take a proactive approach to reduce risk factors linked to the work environment, such as limiting work situations where psychological demands are high, decision-making autonomy is low, or recognition of efforts is absent.
It is important to ensure a healthy and inclusive work environment for everyone. By being aware of the legal provisions aimed at combating discrimination, CDPs can encourage people living with mental health concerns to take steps to obtain accommodation measures and thus achieve greater fulfillment in their jobs.
Responses
Here’s what I am posting on my LinkedIn account today – in reference to this article:
linkedin.com/in/sean-elliott-ccdp-m-ed-78421559
You mean that you need us to consider changing our schedule or our accommodations because of someone’s mental illness or a need to support mental health?
This can often be the sentiment expressed by a busy manager or a non-inclusive supervisor.
The CDPC-CEDC – a national Career Development Professional Centre recently shared an article on “Reasonable Accommodation and Mental Health Concerns”.
They ask the question, “Can people living with mental health concerns claim reasonable accommodation measures to help them stay employed?”
Citing research in Quebec published by Laflamme, A-M. (2017), they highlight accommodation measures are needed for people living with mental health disorders in the workplace.
This is congruent with Ontario’s AODA (Accessibility for Ontarians with Disabilities Act) which indicates that under the Employment Standard employers are required to accommodate workers with mental illness.
As long as there is not undue hardship for the employer in keeping their operations sustainable, this is a demonstration of common respect for the people that work in their organization.
Not only is this a growing concern for Canada’s human resources professionals in addressing the skill shortage, but this is a needed area of advocacy for CDPs (Career Development Professionals). There comes a time when an employer or a job hunter needs to advocate for accommodations to ensure success in their career and their contributions to the success of their organization. Even though many job seekers find it difficult to disclose their disabilities, CDPs can provide the necessary support and coaching in the communication with employers.
Where would you go to get this kind of coaching (if needed)?
#careerdevelopment #careerdevelopmentpractitioners #careerdevelopmentprofessional #AODA #CDP
https://cdpc-cedc.ca/library-doc/reasonable-accommodation-and-mental-health-concerns/
https://www.aoda.ca/accommodating-workers-with-mental-illnesses-part-one/#:~:text=Under%20the%20AODA%2C%20specifically%20the%20Employment%20Standard%2C%20employers,with%20such%20illnesses%20to%20succeed%20in%20the%20workplace.