The recently released Policy on Mental Disabilities and Addictions addresses longstanding discrimination, stigmatization and social exclusion this group experiences in Ontario Canada. The Ontario Human Rights Code protects individuals with mental health disabilities and addictions from discrimination and harassment under the ground of “disability” and extends to five areas:
- When receiving goods, services and utilization of facilities,
- In housing,
- When entering into contracts,
- In employment, and
- When joining or participating in a professional or vocational association or union.
Although the policy does not have full force of the law, it serves as an important tool for employers that deal or might deal with issues of accommodating an employee with a mental disability or addiction. Employers in Ontario have a legal duty to take steps to prevent and respond to breaches of the Code. This can be accomplished by maintaining accessible, inclusive, discrimination and harassment-free environments that illustrate respect for human rights equally. Specifically, policies published by the Ontario Human Rights Commission (OHRC) reflect its interpretation of the Code and outline standards and best practice examples that employers can use as practical guidance.
Some examples of mental impairment that are addressed in the policy include:
- Depression
- Anxiety and panic attacks
- Bipolar Disorder
- Alcohol and substance abuse
According to the World Health Organization multiple social, psychological, and biological factors determine the level of mental health of a person. Poor mental health is associated with rapid social change, stressful working conditions, gender discrimination, social exclusion, risk of violence, persistent socio-economic pressures and physical ill-health & human rights violations. In fact, the policy addresses how mental disabilities and addictions are “invisible disabilities” because an employee might be reluctant to disclose the nature of their disability.
In Ontario, as part of the accommodation process, employees typically have a responsibility to advise their employers if they suffer from a particular disability in order to trigger the accommodation process. However, the recently released policy conveys the view that in certain circumstances, an employer will have to make “meaningful inquiries” if they suspect an employee is suffering from a mental disability. This creates potential pitfalls for employers because it increases the burden on them to be responsive, yet not aggressive with their inquiries. Also, employers will have to address accommodating employees who suffer from mental health or addiction conditions and the associated impact such as loss of productivity and absenteeism, to name a few.
Click here to view the Policy on Preventing Discrimination Based on Mental Health Disabilities and Addictions in its entirety.