Mental Health & Employment, a Work-in-Progress: A Comprehensive Report on the Duty to Accommodate Mental Illness in Canadian Workplaces

Abstract

The national conversation surrounding mental illness has transformed in the past twenty years. With this societal change, there have been drastic changes to employers’ legal obligations. Today, however, disability discrimination still seriously impacts the wellbeing of Canadians living with mental illness. This report provides an introduction to some of the problems in the communities and workplaces of those living with mental illness today. With a particular focus on Ontario Human Rights and Labour Arbitration decisions, trends in employment law are outlined first. Next, this report highlights the prevalence of disability discrimination claims, and includes a comparative overview of how these issues are treated by legal decision makers. Lastly, the need for adaptive law approaches, creative accommodations and increased societal inclusivity will be addressed.