Employee Rights and Legal Obligations

Rachel Deshpande

As adults, a major part of where we spend or will spend our lives is at work. As a result, it is essential that we feel protected and safe at work, whether that be physically, emotionally, or mentally. The Ontario Human Rights Code (OHRC) is one of the key laws that protect citizens of Ontario from discrimination. This protection extends to disability, which includes mental health conditions if diagnosed and registered. The OHRC mandates that employers accommodate employees’ needs unless doing so would cause undue hardship. These accommodations ensure that employees can fully participate in the workplace, placing the onus on employers to create an inclusive environment for those with mental health conditions.

Employers are also required to ensure psychological safety within the workplace and provide accommodations for those who may suffer psychological injuries at work. This is outlined in the Occupational Health and Safety Act (OHSA), which covers workplace harassment or violence that can cause psychological distress. Workers have the right to refuse work if they believe that their or someone else’s health, safety, or life is at risk. However, certain jobs, such as police officers, firefighters, and correctional workers, may have different regulations regarding work refusal.

Creating a Psychologically Safe Workplace

One key to preventing or reducing workplace stress on mental health is to establish a psychologically safe workplace. This means creating an environment where everyone is committed to preventing mental harm by avoiding negligent, reckless, or intentionally harmful behaviour. In such a setting, employees can manage their workplace and personal stresses while maintaining a positive state of well-being.

The University of Alberta suggests several strategies to foster a psychologically safe environment. These include acknowledging workplace risk factors that could reduce psychological safety, providing tools and resources to improve psychological safety, and supporting individuals in the workplace. Additionally, policies related to psychological support, organizational culture, effective leadership, workplace respect, recognition, development, workload management, involvement, work-life balance, and physical safety should be reviewed and improved to enhance psychological safety.

Creating an environment where employees do not feel ridiculed or judged for wanting to protect their mental health is crucial. Practices to improve psychological safety include active listening, leading with empathy, transparency, building trust, being open to feedback, accepting mistakes, fostering inclusivity and belonging, and providing support to team members.

Navigating Mental Health Accommodations

If you or another employee is struggling to request or receive mental health accommodations, here is information to help you advocate for yourself and improve your workplace culture. When seeking accommodations, it is important to speak to your manager or human resources representative, as they can guide you through the process. Employers have a legal obligation to accommodate health needs and inform employees of their rights. You do not need to share your health history with your employer, but your human resources representative or the Ontario Human Rights Commission may request further documentation.

Employers can only deny accommodation requests if implementing them would cause undue hardship. If your request is denied, you must receive a detailed response explaining why and have the right to ask for redress. If the accommodations provided do not meet your needs, you can request a review to ensure you receive the necessary support. It is also important to inform your employer if your need for accommodations changes.

Workplaces are required to accommodate employees’ needs as outlined in the OHRC, and failure to do so may result in a violation of the Ontario Human Rights Code. Employers may be legally liable for discriminating against employees, whether intentionally or unintentionally. If you believe your rights have been violated, you can use an investigation form to submit your concern to the OHRC for review.

Ensuring psychological safety and a positive workplace benefits both employees and employers. A workplace that promotes mental health leads to higher productivity, fewer absences, reduced overall costs, lower staff turnover, and fewer work-related accidents. Consider discussing with your manager or human resources representative the implementation of a mental health policy in your workplace. If you need accommodations, ask about the next steps in the process to find solutions that work for you.