Accommodating mental illness in the workplace ontario
In fact, employers have a legal duty to accommodate mental illness in the workplace. By not asking questions that would have elicited information demonstrating that the employee's condition should have been accommodated, the employer violated the duty to inquire. You are also protected from harassment in your employment. The plan should address the possible isolation or removal of an employee from the workplace in situations where there is a real risk posed to the employee or others.
This way, people with disabilities are able to fully integrate into all aspects of society. This includes sharing necessary medical information for the purposes of implementing an accommodation.
It just depends on the individual and what will help in their particular experience. This includes unions and professional associations. If so, the benefit should be taken into account when considering the cost of accommodation.
The accommodation must respect the dignity of the individual. This may include alternative work as well as accommodation so they can continue in their original job.
Each province has varied expectations with regards to accommodation. Also, unlike a physical disability that may be permanent, shifts in mental health can trigger and recede without warning. There is no single solution for accommodating mental illness. The courts are increasingly requiring facts and figures related to the actual accommodation, not simply speculation. Not every person experiencing mental illness will have difficulty at work, but some will.
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