Mental Illness in the Workplace:
Recognizing the signs, accommodating the needs

Pre-Conference Workshop
Ottawa

Presented by Lancaster House

►covering employment in both federal and provincial jurisdictions◄

Tuesday, April 10, 2012
Full-Day Interactive Session
9:00 a.m. – 4:00 p.m.

The Westin Ottawa Hotel
11 Colonel By Drive, Ottawa, ON K1N 9H4

• CPD for Members of the Law Society of Upper Canada:
  5.5 Substantive Hours; 0 Professionalism Hours;
  Not accredited for New Members.
• This program has been approved by the Law Society of New Brunswick for 5.5 Continuing Professional Development hours.
• This program has been approved by the Law Society of Saskatchewan for 5.5 Continuing Professional Development credit hours.

Mental illnesses, such as depression, bipolar disorder and anxiety disorders, affect a large number of working Canadians. Yet mental illness remains more stigmatized and less understood than physical illnesses and disabilities. In this workshop, Lancaster’s experts will assist you in identifying signs that an employee may be dealing with a mental health issue and provide guidance on appropriate accommodation sufficient to meet the obligations imposed by human rights legislation. Topics include:

• Recognizing the Most Common Mental Illnesses:What are the most common mental illnesses in the Canadian workforce? How does the workplace contribute to or otherwise affect a person’s experience with mental illness? What are the links between mental illness in the workplace and other workplace health and safety issues such as injuries, musculoskeletal disorders, and cardiovascular events? What are the signs and symptoms of mental illness that you are most likely to observe in someone’s behaviour at work? What functional limitations are these illnesses likely to impose on people dealing with them?

• Unions and Employers Working Together: What can unions and employers do to identify and address any work factors that may cause, contribute to, or exacerbate a worker’s mental illness or distress? How can management and unions work together to identify employees who may be experiencing mental illnesses in the workplace? How should unions deal with employees who have mental illnesses but do not want to reveal the need for accommodation to their employers? What must a union do to meet its duty of fair representation when representing an employee who claims to be mentally ill and to require accommodation?

• Balancing the Need for Information and the Right to Privacy: What is the employer’s duty to inquire into an employee’s mental health if it suspects the employee may be dealing with a mental illness? What is the nature of the employee’s obligation to reveal the need for accommodation? Why might employees wait until a time of crisis to reveal the need for accommodation? What is the legal effect of an employee not disclosing a need for accommodation until discipline has been threatened or imposed? What is the scope of the medical information to which an employer is legally entitled for the purposes of accommodating the employee in productive work or providing disability benefits or sick leave? Is a worker obligated to disclose his or her treatment or prognosis information to the employer? Is the employer entitled to a medical opinion from someone other than the employee’s treating physician(s)? What steps should employers take to protect an employee’s privacy while addressing the employee’s concerns and providing accommodation?

• Accommodation: What are some examples of helpful accommodations for people living with the most common mental illnesses? What role do employee assistance programs play? What provisions should be made in attendance management policies for employees with mental illnesses? When will accommodating someone with a mental illness create undue hardship for an employer or a union?

• Dealing with Disruptive and/or Dangerous Behaviour: How should workplace parties deal with employees who exhibit disruptive or dangerous behaviour that may be linked to mental illness? Can an employer legally send an employee home on sick leave if the employer knows or suspects that a mental disability is causing problems in the workplace? How should employers and unions deal with mentally ill employees who have made threats?

• Avoiding Stereotypes: What stereotypes about mental illness should workplace parties be aware of? What should be done to combat these stereotypes and the stigma that attaches to mental illness? What duty do employers have to educate the workforce about mental disabilities? What steps can an employer take to ensure a non-discriminatory environment for employees with mental disabilities and to promote early recognition and accommodation of mental disabilities? Is it possible to educate employees about the importance of accommodation without singling out specific disabled employees?