2. Background and context Disclosure and the law Support This session will cover…

3. 1. how to get a job Why is employment important? For people with experience of mental illness, employment can contribute to: Social status and identity Self esteem and self respect Clinical improvement Sense of helping others

4. 1. how to get a job Unemployment For people with experience of mental illness: Unemployment rates higher compared to general population and other disability groups Not inevitable With appropriate support, people with severe mental illness can hold down employment

5. 1. how to get a job Barriers to employment Three key barriers: Discrimination Attitudes and beliefs about applying for and retaining employment Practical barriers The nature of discrimination: Hostility, harassment, derogatory comments, scrutinising people such that stress leads to further symptoms of mental illness

6. 1. how to get a job Grounds for discrimination “Disability” includes: Physical disability or impairment Physical illness Psychiatric illness Intellectual or psychological disability or impairment Any other loss or abnormality of psychological, physiological, or anatomical structure of function Reliance on a guide dog, wheelchair, or other remedial means The presence in the body of organisms capable of causing illness

7. 1. how to get a job Other relevant law The NZ Bill of Rights Act UN Declarations and Conventions Universal Declaration on Human Rights UN Declaration on Rights of Disabled Persons (1975) UN Convention on Rights of Persons with Disabilities (2006) Disability (UN Convention on Rights of Persons with Disabilities) Act 2008

8. 1. how to get a job Exceptions to the right not to be discriminated against Everyone has the right to not be discriminated against (s22), except where: “Measure to ensure equality” (s79) Employing a disabled person would present too much of a risk to that person or others, or A disabled person could only do the work with accommodations which the employer cannot reasonably be expected to provide (s29)

9. 1. how to get a job Disclosing mental illness Do employers and colleagues need to know? It is illegal for potential employers to ask questions with the intention to discriminate But, from the perspective of people with experience of mental illness, disclosure is complex Do employees have to tell? Legal: obligation to disclose if symptoms “pose a risk”, or would make you unable to perform a job, or if no reasonable accommodation can be made Ethical pressure? Practical pressure

10. 1. how to get a job Benefits from disclosure Research suggests that the benefits outweigh the negatives and the risks: Reasonable accommodation can be organised Employees’ and employers’ understanding of and dealing with the onset of symptoms can be facilitated Workers with experience of mental illness can readily access supported employment services

11. 1. how to get a job What is “reasonable accommodation”? Flexible working arrangements Job coaches, mentors, and job buddies Specialised supervision Changing policy to better meet needs Changing job duties to suit abilities Changing physical environment Generally, reasonable accommodations are identified during the hiring process

12. 1. how to get a job A Note on Privacy It is illegal for employers to share confidential information about an employee’s disability, medical condition or “accommodation” (indicating a disability) without the permission of the employee, with the exception of those who need to know

13. 1. how to get a job Support and more information Association for Supported Employment Services: www.asenz.org.nz www.asenz.org.nz Mental Health Foundation www.mentalhealth.org.nz www.mentalhealth.org.nz Like Minds, Like Mine www.likeminds.org.nz www.likeminds.org.nz

14. This presentation was put together by: Wellington Community Law Centre PO Box 24005, Wellington 6142 (04) 499 2928 info@wclc.org.nz www.wclc.org.nz Please feel free to download, adapt, improve, distribute, remix, tweak and build upon this presentation. Disclaimer: We’ve made every effort has been made to ensure this information is correct at the time of publication. However, we can’t take responsibility for errors or omissions. Teachers and learners may need to seek specific advice for your particular situation. Where appropriate, we urge you to do so. Visit your local Community Law Centre: www.communitylaw.org.nz THANK YOU