Community Law New Zealand / Te Whainga Tika Aotearoa

Mental Health, Discrimination and Employment

THIS SESSION WILL COVER…

• Background and context• Disclosure and the law• Support

This session will cover…

1. how to get a jobWhy is employment important?WHY IS EMPLOYMENT IMPORTANT?

For people with experience of mental illness, employment can contribute to:• Social status and identity • Self esteem and self respect• Clinical improvement• Sense of helping others

1. how to get a jobUnemploymentUNEMPLOYMENT

For people with experience of mental illness:• Unemployment rates higher compared to general

population and other disability groups• Not inevitable• With appropriate support, people with severe mental

illness can hold down employment

1. how to get a jobBarriers to employmentBARRIERS TO EMPLOYMENT

Three key barriers:• Discrimination• Attitudes and beliefs about applying for and retaining

employment• Practical barriers

The nature of discrimination: • Hostility, harassment, derogatory comments, scrutinising

people such that stress leads to further symptoms of mental illness

1. how to get a jobGrounds for discriminationGROUNDS FOR DISCRIMINATION

“Disability” includes:• Physical disability or impairment• Physical illness• Psychiatric illness• Intellectual or psychological disability or impairment• Any other loss or abnormality of psychological, physiological,

or anatomical structure of function• Reliance on a guide dog, wheelchair, or other remedial means• The presence in the body of organisms capable of causing

illness

1. how to get a jobOther relevant lawOTHER RELEVANT LAW

The NZ Bill of Rights ActUN Declarations and Conventions• Universal Declaration on Human Rights• UN Declaration on Rights of Disabled Persons (1975)• UN Convention on Rights of Persons with Disabilities

(2006)

Disability (UN Convention on Rights of Persons with Disabilities) Act 2008

1. how to get a jobExceptions to the right not to be discriminated againstEXCEPTIONS TO THE RIGHTS NOT TO BE DISCRIMINATED AGAINST

Everyone has the right to not be discriminated against (s22), except where:• “Measure to ensure equality” (s79)• Employing a disabled person would present too much of

a risk to that person or others, or• A disabled person could only do the work with

accommodations which the employer cannot reasonably be expected to provide (s29)

1. how to get a jobDisclosing mental illnessDISCLOSING MENTAL ILLNESS

Do employers and colleagues need to know?• It is illegal for potential employers to ask questions with the

intention to discriminate• But, from the perspective of people with experience of mental

illness, disclosure is complex

Do employees have to tell? • Legal: obligation to disclose if symptoms “pose a risk”, or

would make you unable to perform a job, or if no reasonable accommodation can be made

• Ethical pressure?• Practical pressure

1. how to get a jobBenefits from disclosureBENEFITS FROM DISCLOSURE

Research suggests that the benefits outweigh the negatives and the risks:• Reasonable accommodation can be organised• Employees’ and employers’ understanding of and dealing

with the onset of symptoms can be facilitated• Workers with experience of mental illness can readily

access supported employment services

1. how to get a jobWhat is “reasonable accommodation”?WHAT IS “REASONABLE ACCOMODATION”

• Flexible working arrangements• Job coaches, mentors, and job buddies• Specialised supervision • Changing policy to better meet needs • Changing job duties to suit abilities • Changing physical environment • Generally, reasonable accommodations are identified

during the hiring process

1. how to get a jobA Note on PrivacyA NOTE ON PRIVACY

• It is illegal for employers to share confidential information about an employee’s disability, medical condition or “accommodation” (indicating a disability) without the permission of the employee, with the exception of those who need to know

1. how to get a jobSupport and more informationSUPPORT AND MORE INFORMATION

• Association for Supported Employment Services: www.asenz.org.nz

• Mental Health Foundationwww.mentalhealth.org.nz

• Like Minds, Like Mine www.likeminds.org.nz

This presentation was put together by:Wellington Community Law CentrePO Box 24005, Wellington 6142(04) 499 2928info@wclc.org.nzwww.wclc.org.nz

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Disclaimer: We’ve made every effort has been made to ensure this information is correct at the time of publication. However, we can’t take responsibility for errors or omissions. Teachers and learners may need to seek specific advice for your particular situation. Where appropriate, we urge you to do so. Visit your local Community Law Centre: www.communitylaw.org.nz

THANK YOU