Dooley Blog

Employing those with mental illness: Who really has the problem?

Friday, October 14, 2011
Mental illness is a condition which affects many Australian families. According to statistics, almost one in five (20%) Australians experience some form of mental illness each year. Although there is a general lack of understanding about mental illness in the broader community, it has not stopped people from making quick assumptions and prejudgments about it and those it affects. Studies show that there is a widely held misconception about the capacities of those with mental illness, particularly in an employment context as employees and indeed potential employees. ii

The Misconception

The problem lies with the misconception, which experts say result from a lack of education and understanding about mental illness. iii This then translates into assumptions and negative stereotypes developed by the broader community based on inconclusive evidence. In no other area do these assumptions and stereotypes impact mental illness sufferers more than in the workplace.

The Workplace

Government commentators say that people who have mental illness face the highest degree of stigmatisation in the workplace and the greatest barriers to employment opportunities. iv The reason for this is because employers and workplace managers (as members of the broader community) make wrongful assumptions that employees or potential employees with mental illness will not be able to perform the job well or, at least, not as productively and efficiently as another candidate without such a condition.

This results in the following negative implications (to name a few):

 

  • Increased barriers to entry for candidates with mental illness;

  • Candidates with mental illness not fully disclosing their condition to their employer or potential employer;

  • No proper workplace policies and procedure to cater for those who have a mental illness;

  • Lack of flexible conditions to assist those with mental illness; and

  • Bullying and harassment in the workplace.

The reality of the situation is that people with mental illness, or at least being honest about their condition, are being denied opportunities to work based simply on a negative stereotype with nothing to do with their actual attributes, skills and abilities. It begs the question, who really has the problem? The person suffering from mental illness, or the stereotypical manager?

The Problem: Who has it?

What employers and managers should understand is that the issue is the actual mental illness itself and not the person it is affecting. Viewing the situation in any other way has the potential to cause significant ethical and legal implications for an employer or manager.

Like any other medical condition, mental illness is manageable and treatable with the right approach. Researchers say that those receiving effective treatment and management have been found to make very good employees.v In fact, those suffering mental illness have been found to have the capacity to work even harder than others, be more loyal and take less sick days due to their greater motivation to work hard and their high value of work in general.

Accordingly, employers and managers should be aware that like other employees and candidates, those with mental illness do have the potential and capabilities to work well in all sorts of situations. To rule them out based solely on an unfounded assumption and undermine their potential and capabilities based on negative stereotypes shows that the real problem lies with employers and managers and not with actual sufferers.

The solution

Employers and managers must ensure that each employee and potential employee, especially those with a mental illness, are given a fair-go, respect and the necessary protection they deserve in the workplace.

Employers and managers can achieve this by:

  • educating and making themselves aware of mental illness issues, particularly in the workplace environment;

  • detaching themselves from their subjective thoughts and being more objective during the hiring process focusing primarily on experience, skill and ability;

  • implementing appropriate workplace policies and procedures to assist employees with mental illness;

  • encouraging frequent dialogue and discussion with mental illness sufferers, treating them as experts of their condition and listening to ways they may be assisted better;

  • ensuring flexible working arrangements to help manage mental illness;

  • protection from harassment and bullying in the workplace;

  • encouraging disclosure of mental illness as a way to assist in the development of the individual in the workplace; and

  • never assuming.

By actively working towards achieving the above goals, employers will ensure that they are doing all they can to assist their current employees with mental illness, cut down on the wrongful assumptions and stereotypes, provide opportunities to well deserving people willing to work hard, disclose and manage their mental illness, whilst building a successful business and meeting proper legal standards and practices.

i. Australian Bureau of Statistics 2003, Disability, Ageing and Carers: Summary of Findings, Australian Bureau of Statistics, Canberra, viewed 11 October 2011, <http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/4430.02003?OpenDocument>.
iiKnox, Jo ‘Don’t make assumptions about employees with mental illness’, Hr Daily, 5 September 2011.
iii. Ibid.
iv.  JobAccess Australia Government, ‘Working with people with disability’, viewed 11 October 2011. <http://jobaccess.gov.au/Coworkers/Working_with_people_with_disability/How_to_work_with_people_with_disability/Pages/Talkingaboutmentalillness.aspx>.
v. Knox, Jo, above n ii.
 

A stronger stance against discrimination - how it affects you.

Tuesday, October 11, 2011
Governments across Australia have always and continue to take a firm approach towards discrimination in our society. Laws, including the Racial Discrimination Act, Anti-Discrimination Act, Sex Discrimination Act and Equal Employment Opportunity Act (to name a few) were introduced, and continue to operate, for the main purpose of protecting individuals and groups in society from various forms of unfairness, prejudice and discrimination based on cultural factors, race, religion, gender, ethnicity, age and class.

The Issue

Despite the existing laws and safeguards, discrimination has continued to be a prevalent issue in society, particularly in the workplace. This has continued to be the case, in part, due to changing society and the emergence and development of new forms of discrimination. Discrimination continues to be a problem in our society and is as always a challenging issue. In more recent times discriminators have been aided by the rapid advancement of electronic communication and the rise of high speed and easy to access social media.


The Solution

In an effort to respond to changing society and continue a strong approach against discrimination, the Federal Government introduced the Sex and Age Discrimination Legislation Amendment Bill 2010 (Cth) (“the Act”) on 24 May 2011.

The Act seeks to bolster the existing discrimination laws, with the aim of eliminating discrimination, facilitating greater legal protection for vulnerable individuals and groups, and promoting gender equality. The Act focuses largely on age and sexual discrimination in the workplace (mainly direct discrimination) and the responsibility of employers to protect their staff.

Most notable of the Act’s amendments include the following:

  • making it unlawful to discriminate against both men and women based on their family responsibilities in all areas of employment not just in relation to termination;
  • making it unlawful to discriminate against a person who is breastfeeding in the workplace or in public;

  • broadening the protections against sexual harassment in the workplace, treating sexual harassment as a form of unlawful discrimination, extending workplace sexual harassment to include sexual harassment from a customer/consumer;

  • broadening the protections for students against sexual harassment within and outside their educational institutions; and

  • strengthening protections against sexual harassment in workplaces and schools conducted via new technologies, such as the internet, social networking mediums and mobile phone texting.

The New Commissioner

In addition to the changes noted above, the Act will also introduce a new Age Discrimination Commissioner to sit in the Australian Human Rights Commission. The new Commissioner will have the responsibility of raising awareness and educating the community about all areas of discrimination, particularly age discrimination, which along with our ageing population seems to be on the rise. The Commissioner will also implement strategies for the elimination of discrimination in all levels of society.

What can you do?

Employers

As an employer it is your responsibility to ensure that your business is complying with all the new changes.

We suggest that you take the time to carefully review your current employment contracts and existing policies and procedures to make sure they take into account and are in line with the new changes and bring into effect proper business practices to ensure that you meet your obligations and responsibilities under the Act.

Business changes to consider may include:

  • notifying and training your current staff in relation to the recent changes and their respective rights and obligations under the Act;

  • implementing new grievance and complaints procedures to assist with cases of sexual harassment in the workplace;

  • implementing more stringent Information and Technology policies and procedures;

  • implementing greater flexibility for staff in relation to family commitments;

  • implementing new breastfeeding provisions and policies to existing employment agreements particularly for those on Parental Leave; and

creating new facilities for breastfeeding to occur in a comfortable and flexible manner.

Employee

As an employee it is important for you to ensure that you understand your rights and obligations under the Act. You should take the time to review and familiarise yourself with the new changes and make sure you discuss any concerns with your employer or your solicitor.

Next Steps

Whether you are an employer or employee, we are here to assist you understand the new provisions of the Act and ensure that you meet your respective obligations and ensure that your rights are protected against unlawful discrimination.  Please contact us if you have an enquiry.




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