Inclusive Recruitment Process > Legal Considerations

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[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] Equal Employment Opportunities Trust, Employment legislation overview, Equal Employment Opportunities Trust, Editor.

[3] 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.

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

[5] National Equal Opportunities Network. A-Z Pre-employment Guidelines. 2014; Available from: http://www.neon.org.nz/adviceandguidance/azindex/.

Legal Considerations

From a legal point of view, employees with mental health problems can only be treated differently if:

  • A person with mental health problems would risk harming themselves or others because of the duties or the environment of a job, and such a risk is not reasonable.
  • A person with mental health problems could perform the duties satisfactorily only with the aid of special services or facilities and it is not reasonable to expect the employer to provide them.

However, the employer is required to take “reasonable measures to reduce the risk to a normal level”, if it does not cause “unreasonable disruption” to the organisation or business.[1][2][3][4]

The A to Z Guidelines for employers and employees about pre-employment was compiled from frequently asked questions and enquiries and complaints made to the Human Rights Commission. The Guidelines have been compiled to help employers, recruiters, and job-seekers who want to comply with the Human Rights Act 1993. [5]

 
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