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Promoting Inclusion: Navigating Mental Health in the Workplace

The Employment (Prevention of Discrimination) Act, proclaimed in December 2020, prohibits discrimination in hiring and employment based on fifteen (15) categories, including medical conditions, physical characteristics, age, gender, sexual orientation, and family responsibilities.

Under the Act, medical conditions encompass various factors such as loss of bodily or mental functions, presence of disease-causing organisms, disorders affecting learning or behavior, and more. Employers are generally prohibited from asking questions or conducting tests related to a person's medical condition as a precondition for employment or continued employment.

However, there are exceptions to this rule. Section 8(2) allows employers to require questions or tests related to a medical condition if it is necessary to determine if the person meets a genuine occupational qualification. This means that employers can consider a medical condition as a valid factor when making hiring and retention decisions if it is an inherent requirement of the position.

Section 7(1) of the Act requires employers to make reasonable adjustments or modifications to ensure that employees with disabilities, including mental health issues, are not substantially disadvantaged in their job performance. These adjustments can include allocating duties to another person, altering work hours, allowing absences for assessment or treatment, providing alternative employment or workplace modifications, offering training, and more.

To address an employee with mental health issues, it is recommended to have a discussion with the employee and their family to identify reasonable workplace adjustments that would enable them to retain their job without facing discrimination. Consulting the employee is important as they possess expertise regarding their condition, its impact on work performance, and potential triggers to manage distress.

By following these guidelines, employers can create an inclusive and supportive environment for employees with mental health issues, ensuring their well-being and fair treatment while maintaining a productive work environment.

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