Indeed disclosure is entirely personal, you're right @Former-Member ... disclosure is not ever compulsory
... interesting that @Sehnsucht's prospective employer appeared to force a disclosure!
And disclosure to the right people is the only way to handle discussing your mental health issues, human resources are trained to know about mental health and the law surrounding disclosure and discrimination.
any breech can result in litigation so they're the people to tell.
unfortunately my friend told colleagues and was stigmatised... Nothing was ever openly done to discriminate against her but there were 'suggestions' that she may not be capable.
it's the assumptions, gossip and undermining that end up hurting ...
How does human rights law respond?
They say worplaces need to make adjustments to avoid discrimination (but does this stamp out stigma???)
What are reasonable adjustments?
In the vast majority of cases, small changes in the workplace will enable a worker with mental illness to do their job.
An adjustment will be a ‘reasonable adjustment’ unless it would cause an employer an ‘unjustifiable hardship’ to make the adjustment. In considering what an unjustifiable hardship is, it is necessary to take into account:
the benefit or detriment to the employee
any benefit or detriment to others affected by the adjustment
the effect of the mental illness
the cost of the adjustment and the employer’s financial position, and
the availability of financial or other assistance to the employer in making the adjustment.
Further information: Chapter 3 – Managing Mental Illness in the Workplace for examples of the common adjustments you can consider for workers with mental illness.
Harassment in relation to a worker’s mental illness is also unlawful. ‘Harassment’ is defined as an action taken in relation to a person’s disability that is reasonably likely to humiliate, offend, intimidate or distress the person.[21] Harassment may include physical or verbal threats, demeaning comments and actions aimed at humiliating someone. The behaviour does not have to be repeated or ongoing to be harassment.
Victimisation occurs where a person subjects or threatens to subject someone to unfavourable treatment for asserting any rights, either for themselves or someone else, under the DDA.[22]
Whilst HR are governed by law, what about colleagues perceptions ... How do you deal with stigma from others?
Any ideas?
