What is World Mental Health Day?
October 10 marks World Mental Health Day, a time to raise awareness, educate folks, and fight against social stigma relating to mental health. More than ever, our society is having the conversations that need to be had. Mental health is vital, and we should protect it no matter where we are.
Work is, as famously said by the late Supreme Court Justice Dickson, “one of the most fundamental aspects” of our lives. We spend at least one-third of our workdays there, often even more. It is important to make sure your mental health is respected there.
Can Mental Health Be Discrimination?
The Ontario Human Rights Code and Canada Human Rights Act protect workers from discrimination in employment. Disability is one of the protected grounds, and mental health disabilities fall under this umbrella. This includes depression, anxiety, post-traumatic stress disorder, and so on.
What is Harassment of People with Mental Health Illness?
Harassing someone for their mental health disabilities is unacceptable. This can include name-calling, intrusive questions relating to your condition or accommodation needs, needlessly revealing your mental health information to others, and shunning you socially. This list is not exhaustive; harassment encompasses any course of vexatious comment or conduct that they should know is unwelcome.
What is the Employer’s Role in Employee Mental Health?
Your employer has a duty to accommodate you to the point of undue hardship. Many accommodations can be made with little cost and difficulty to the employer, such as modified job duties or a more flexible work schedule. Employers are not permitted to try to diagnose your illness or second-guess your disability.
You have a right to a workplace that respects and reasonably accommodates your mental health. If you have any concerns about your treatment at work, you should reach out to Whitten & Lublin Employment Lawyers to speak with an experienced employment lawyer online or by phone at (416) 640-2667 today.
Author – Sohrab