Applications

Apply the Legal Framework

Employers cannot ask questions for the purpose of excluding or discriminating against a person (or their relatives or associates) because of mental health problems.

All questions and information requested must be relevant to the job and the person’s ability to do that job.

Job application forms cannot ask for a list of disabilities and health problems, including mental health problems.

Job application forms cannot ask whether the applicant has received psychiatric care, or been hospitalised, nor can they ask for an applicant’s ACC history.

An applicant can be asked if they have any condition that may affect their ability to do the job.

An applicant can only be asked questions that are directly relevant to the skills necessary to perform the job.

If the applicant indicates they have mental health problems, employers have a responsibility to provide reasonable accommodations.

Employers can ask what, if any, accommodations the applicant would require to be able to perform the tasks.

Uncover Potential Biases

Do not assume that mental health problems will affect a person’s ability to do a job.

Assure applicants that you are looking at how to enhance a person’s ability to work at their best.

Gaps in CVs may reflect periods of recovery or problems due to lack of accommodations or discrimination from other employers.

Some applicants may seem over qualified for positions as they are looking to regain confidence and return to work.

Don't assume applicants cannot handle pressure or stress.  This ability varies from person to person and is unrelated to mental health problems.

Consider whether formal education qualifications are essential, as there are often other ways for applicants to demonstrate their skills and knowledge.

Demonstrate Inclusive Practice

The application process is to find out if candidates have the ability to carry out the job.

Provide an accurate job description and information on the recruitment and selection process.

Make sure the application process is focused on finding out the skills, knowledge, and requirements that are inherent to the job or essential to performing the role.

Be clear if there are restrictions, minimum qualifications, or person specifications that must be met due to legal requirements in any role.

Ask all applicants if they need any accommodations or adjustments for attending an interview.

Ask what accommodations may help an applicant to perform at their best in a role.

Think about your own reactions. Stereotyping limits options as does hiring applicants with similar backgrounds, educations, and experiences. Diversity can bring innovation and creativity to the workplace.

Consider 

Are the questions on your application forms there to find out if a person can do the job, or are you looking at ways to eliminate applicants?

References: 

^[1] Stephens, M. and B. Caird, Countering Stigma and Discrimination: Organisational Policy Guidelines for the Public Sector. Wellington. 2000, Mental Health Foundation New Zealand: Wellington, New Zealand.

^[2] Equal Employment Opportunities Trust. Diversity Toolkits: Employing disabled people. [cited 2014 October]; Available from: http://www.eeotrust.org.nz/toolkits/disability.cfm?cache=455701.

^[3] Ministry of Business, Innovation and Employment. Workable: Employers and disabled workers information hub. 2013 2013 [cited 2014 October]; Available from: http://www.dol.govt.nz/er/workable/index.asp.

^[4] Mind., Mental health in the workplace: an employers guide. 2010, Mind: London, England.

^[5] Human Rights Commission, Korowai Whaimana: know your rights. A human rights workshop for people with experienceof mental illness. 2004, Auckland, New Zealand.

^[6] New Zealand Council of Social Services, et al., Mana Mahi: A guide to the employment of people in tangata whenua, community and voluntary sector organisations. 2010, New Zealand: Workplace Wellbeing Project.

^[7] Like Minds Like Mine. Tips on recruitment process. 2013 [cited 2014; Available from: http://www.likeminds.org.nz/discrimination/in-the-workplace/employers-toolkit/tips-on-recruitment-process/.