Mental illness is a widespread and serious problem – one that executives and HR professionals should be prepared to deal with appropriately. About one in five Americans suffer from mental illness in any given year, according to the National Institute of Mental Health. While progress has certainly been made in recent years, especially given the pandemic`s devastating impact on overall mental health, there is still an unfortunate stigma associated with mental health issues that employers should take specific action against,” said Marissa Mastroianni, attorney at Cole Schotz. Fact: Despite the eye-catching headlines, there is no credible evidence that people with mental illness pose a danger to others in the workplace. In fact, people with psychiatric disabilities are much more likely to be victims than perpetrators. In the UK, same-sex marriage was only legalised in 2014. Smoking in the workplace was only banned in 2007. Marital rape has only been illegal since 1992. In terms of improving access to mental health resources, agencies benefit from partnering with an experienced mental health service provider. Through its extensive network of physicians and scientific advisors, Spring Health offers a variety of solutions for hundreds of mental illnesses. We advise you on the materials and tools you can offer your employees and quickly put your team members in touch with the best possible support tailored to their specific needs. Spring Health makes mental health fundamental by removing barriers to care. Our comprehensive digital platform provides employers and health insurance companies with diverse and inclusive care for individuals and families.

Organizations should develop a mental health policy that goes beyond meeting the absolute minimum requirements of the law. In this hypothetical example, the supervisor will be much better prepared to give the man the time he needs to cope with his condition if she is first informed of this possibility. Similarly, the man will be much more likely to inform them of his needs if he is convinced that the culture of the company supports his request. Ask for one. Tell a supervisor, human resources manager or other appropriate person that you need a change at work due to illness. You can always request accommodation. Because an employer doesn`t have to excuse poor job performance, even if it`s caused by a medical condition or medication side effects, it`s usually best to find an appropriate solution before problems arise or escalate. (However, many people choose to wait until they receive a job offer before seeking accommodation, as it is very difficult to prove unlawful discrimination that occurs before a job offer.) You don`t need to have a specific accommodation in mind, but you can ask for something specific. There are two key areas of mental health where UK employers have clear legal requirements: There is more detail on what constitutes a disability and what is not, in the UK Government`s guidance document accompanying the Equality Act 2010. There are many types of mental health conditions that can lead to disability, including (but not limited to) depression. Bipolar disorder and schizophrenia.

However, any of these conditions does not automatically mean that a person has a disability. You must also meet the broader definition of disability above. If you are unsure about mental illness, disability and discrimination, you can get free and unbiased advice by calling ACAS on 0300 123 1100 or emailing Mind`s legal team at legal@mind.org.uk Implement these best practices to foster a healthy and productive workforce, even if they do not arise from a legal obligation: Forty-three percent of employers have seen an increase in requests for appropriate mental health precautions since the coronavirus pandemic began, according to a new survey from law firm Fisher Phillips. “This is an issue facing the workforce across all sectors, and it`s important for employers to stay ahead of the curve by taking proactive steps to manage employee well-being,” Litzinger said. “This includes creating relevant mental health guidelines and ensuring managers and supervisors are trained to identify mental health issues and provide resources for employees to manage stress or anxiety.” The EEOC interprets the ADA very broadly in order to provide workers with the greatest possible protection. For example, the EEOC states that a mental health problem does not have to be significant or permanent to qualify for ADA protection. As long as your mental health condition is significantly debilitating, it will likely be considered a disability under the ADA. Determining whether a mental health condition is an ADA-covered disability may require a thorough factual and legal analysis. For example, does mental impairment significantly limit an important life activity? Can the employee perform the essential functions of the job? Does the employee experience specific work-related stress or other invisible challenges? As an employer, it is important to recognize the various impacts of COVID-19 on employees` mental well-being. In addition to the expected burden of illness, loneliness, bereavement and general disruptions to daily life, some work-specific stressors may include: The Mental Health Parity and Addictions Equity Act, 2008 impacts employers` obligations with respect to group health insurance coverage. The law requires parity between coverage for illness and mental illness. Employers cannot offer group benefits that provide higher annual or lifetime benefits for the treatment of health problems than those for the treatment of mental illness.

Enterprises employing 50 or more workers are covered by the law. The law also applies to insurance companies that offer coverage to businesses with 50 or more employees. Therefore, both the employer and insurer must exercise due diligence to ensure that group health plans provide appropriate amounts of treatment for mental illness. The words “psychiatric disability” and “mental illness” are often used interchangeably. The term mental illness is typically used in a medical context to refer to a variety of conditions related to emotional and mental health. The term psychiatric disability is generally used in a legal or policy context to refer to impairments covered by the ADA. How can HR professionals encourage their employees to be honest about their needs? Fortunately, removing the stigma of mental health is a relatively simple thing. Talking openly about mental health increases awareness. This open communication can take many forms, from regular company-wide mental health newsletters to optional seminars for employees. It is also important to improve access to local mental health resources, such as personal counselling and self-assessment tests.

In addition, the employee`s doctor may have suggestions on necessary adjustments and can be a valuable part of the solution for long-term personal and professional success. Your contribution to the interactive process can be essential to keeping the employee healthy and happy at work. An employer is not required to hire or retain employees in jobs it cannot perform, or to employ people who pose a “direct threat” to safety (a significant risk to themselves or others). But an employer can`t rely on myths or stereotypes about your mental health to decide if you can do a job or if you pose a safety risk. Before an employer can refuse you employment because of your condition, they must have objective evidence that you are unable to perform your job duties or that, even if you were given reasonable accommodation, you would pose a significant safety risk (see question 3).