Inclusive Recruitment Process > Reasonable Accommodations

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Reasonable Accommodations

Apply the Legal Framework[1-6]

  • Employers have the responsibility to provide reasonable accommodations to employees with mental health problems by making adjustments at work that assist them to perform their best.
  • Reasonable accommodations entails making changes to a workplace in order to create an environment that is intended to ensure equality of opportunity.
  • Reasonable accommodations include modifications or adjustments which will allow a job applicant with mental health problems to participate more equally in a workplace. This can be physical adjustments or modifying how a job is done.
  • Reasonable accommodations do not require changes that would cause unreasonable disruption to a workplace.
  • Consideration will be given to factors such as health and safety, cost, and the activities of the business.
  • The employer should be able to demonstrate they have genuinely considered whether a job can be adjusted, including assigning to another employee any aspects an applicant is unable to do.

Uncover Potential Biases [2, 4, 6-9]

  • Avoid bias by asking all applicants what accommodations they might require.
  • Recent employment research by Like Minds, Like Mine found that accommodations were mainly reflective of good employment practice, such as flexible working hours or flexible sick leave.
  • Accommodations do not usually cost an organisation to implement, but if they do, funding may be available from sources such as:
Demonstrate Inclusive Practice[1, 2, 10, 11]
  • The relationship between the employer and employee has to be open and honest.
  • Employers should not be afraid of raising employment problems with the employee when necessary.
  • All employees will have their problems at various times, not just people with mental health problems, and will need support.
  • Create an environment where diversity is accepted by addressing the individual needs of each employee.
  • Respect the confidentiality of all employees.
  • Be willing to engage in joint problem solving.
  • Make all accommodations voluntary for the employee.
  • Be prepared to review accommodations and keep in mind that needs change.
  • Be flexible in enforcing traditional policies.
  • Be concrete and specific when identifying accommodations.
  • Set up easy and accessible mechanisms for reviewing accommodations.
Reasonable accommodation is not about lowering the standards of the job performance or qualifications; it is about changing the way those standards are met.[12]

References

  1.  Mental Health Foundation, Return to Work: Returning to work after experiencing mental illness and other mental health issues. 2007, Mental Health Foundation Auckland.
  2. Gordon, G. and D. Peterson, What works: Positive experiences in open employment of mental health service users. 2014, Auckland, New Zealand: Mental Health Foundation of New Zealand.
  3. Ministry of Business, Innovation and Employment. Workable: Reasonable accomodation. 2013 2013; Available from: http://prod.dol.govt.nz/er/workable/accommodation/index.asp.
  4. Equal Employment Opportunities Trust. Diversity Toolkits: Employing disabled people.  [cited 2014 October]; Available from: http://www.eeotrust.org.nz/toolkits/disability.cfm?cache=455701.
  5. National Equal Opportunities Network. A-Z Pre-employment Guidelines. 2014; Available from: http://www.neon.org.nz/adviceandguidance/azindex/.
  6. Working Women’s Resource Centre, One in Five: A Guide for Representing & Supporting Workers with Experience of Mental Illness. Working Women’s Resource Centre: New Zealand.
  7. Acas, Promoting positive mental health at work booklet. 2014, Acas: United Kingdom.
  8. Employers' Forum on Disability and Workbridge, Manager's guide: A best practice approach to working with disabled employees. 2007: Employers' Forum on Disability.
  9. Workbridge. Workbridge - Real jobs for people with disabilities. 2014; Available from: http://www.workbridge.co.nz/?page=1.
  10. Department of Labour. Workable: Mental health reasonable accomodation. 2013 2013 [cited 2014 October]; Available from: http://www.dol.govt.nz/er/workable/accommodation/mental-health.asp.
  11. Mental Health Foundation New Zealand. Employers Tool Kit: Simple steps to supporting staff. 2014  [cited 2014 October]; Available from: http://www.likeminds.org.nz/discrimination/in-the-workplace/employers-toolkit/simple-steps-to-supporting-staff/.
  12. Like Minds Like Mine. Facts and Strategies for Employers. 2013  [cited 2014; Available from: http://www.likeminds.org.nz/assets/Employment/facts-for-employers.pdf.

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

[2] Gordon, G. and D. Peterson, What works: Positive experiences in open employment of mental health service users. 2014, Auckland, New Zealand: Mental Health Foundation of New Zealand.

[3] Mental Health Foundation of New Zealand.Employment - What You Do Makes The Difference. 2010 February; Available from:https://www.youtube.com/watch?v=k1_qjW3b044.

Reasonable Accommodations

'Special accommodations will not necessarily be required when hiring an applicant with mental health problems. However, providing a safe, effective working environment which encourages productivity and creativity will ensure employers get the best from all workers.'[1]

Recent employment research by Like Minds, Like Mine found that employers said that, where special arrangements were in place for employees with experience of mental illness, they were generally no greater than those of other employees, and were mainly reflective of good employment practice, such as flexible working hours or sick leave.[2]

This iconis located in the top right-hand corner of the page. Click the icon to read more about Avoiding discrimination or bias in Reasonable Accommodations. Then answer the questions below. 
 

 

     
  • 1:

    Which accommodation would not be considered reasonable for a business with regards to hiring an employee with mental health problems?

    Providing flexible or part-time work hours.
    Having flexible sick leave provision.
    Providing private space to work or ways to block noise.
    Appointing a full-time caregiver for the employee.
  • 2:What type of employees are likely to have issues at work at various times?
    Employees with no known mental health issues.

    Employees with past mental health issues that flare up again under pressure.

    Employees with current mental health issues.
    All of the above
  • 3:Reasonable accommodations is about:
    Lowering the standards of the job performance so it is easier to do.
    Reducing the list of qualifications needed to perform a job.
    Changing the way the standards of a job are met.
    Disrupting the workplace for the sake of one person to maintain equality.
Mental Health Foundation
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