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Yes, me.
Why my mental illness has me classified as a person with a disability under the employment equity act
November 2024Related Articles
December 3 marks the annual International Day of Persons with Disabilities, a UN Day to promote the rights and well-being of persons with disabilities.
I live with bipolar disorder, a chronic psychiatric condition characterized by extreme variations in my mood, energy, activity levels, and cognition. Despite these extremes of mood and energy, I am fairly high functioning in life and at work, where I hold a senior level knowledge-economy position. I have developed a variety of coping mechanisms, such as masking, to accompany these mood states and make me perform like I am “normal,” but many days it is an uphill battle, and I feel like I have to try twice as hard as anybody else to succeed. I have even had to change my career path and goals because of my struggle with this mood disorder.
Throughout my life, I have struggled, thinking that this was a “me problem,” that I had to change the way that I interacted with the system so that I could be successful. I ran myself ragged trying to succeed in a system that is made to be equal for everyone – a laudable goal – but was ultimately disadvantaging due to my mental illness.
Eye-opening discovery
Then I discovered the Employment Equity Act (EEA). The broad purpose of the act is to achieve equality in the workplace so that people are not denied employment opportunities or benefits because of their identity or level of ability. Moreover, the act exists to “correct the conditions of disadvantage in employment experienced by women, Aboriginal peoples, persons with disabilities and members of visible minorities.” (My emphasis).
I had always thought that a disability was, you know, like the symbol. Physical. Wheelchair ramps to allow access to buildings, or maybe even screen readers for people with low or no vision, but a mental illness? I did a deep dive into the act and found this passage:
“A person with a disability has a long term or recurring physical, mental, sensory, psychiatric or learning impairment and:
- considers themselves to be disadvantaged in employment by reason of that impairment
- believes that an employer or potential employer is likely to consider them to be disadvantaged in employment by reason of that impairment.
This definition also includes persons whose functional limitations owing to their impairment have been accommodated in their current job or workplace.”
Well, that tracks. In fact, it kind of describes my experience of the workplace to a tee. So, my mental illness qualifies me as a person with a disability? What does that actually mean?
There are a few things to unpack here:
Stigma and labels
First, there is the stigma associated with a label like “disabled.” This stigma is rooted in ableism, which is an attitude that views and treats people without disabilities as the “normal” ones and those with disabilities as somehow inferior or “other.” This stigma, which I summed up earlier as a “me problem,” (self-stigma) challenged my view of myself as a capable person and employee. It also made me worry that, if I were to self-identify as a person with a disability, managers would be hesitant to hire me based on that stigma and fear around how difficult it would be to work with me.
Disadvantage
Why would I try to overcome that self-stigma, risk the stigma of others, and choose to self-identify, and declare that I am a person with disability? Because of the disadvantage in employment that my mental health causes. Living with bipolar disorder can cause me to struggle to do my job within the “one-size fits all” system of work. The way that my brain and body functions when I am in a mood episode can limit my ability to succeed. I feel that these functional limitations caused by my mental illness disadvantage me in terms of achieving my goals at work and advancing in my career.
Not a me problem
The EEA doesn’t just stop at identifying that a barrier or disadvantage exists, however, it goes one step further: accommodation, which says, “employment equity means more than treating persons in the same way but also requires special measures and the accommodation of differences.”
Through various measures of accommodation in the workplace, I have found that I can achieve my potential and excel at my job. These accommodations are tweaks to my work environment (this could be physical, temporal, or social) and processes that help me to meet expectations. The key here is that instead of those disadvantaging barriers being a “me problem” they become a systems problem that the system needs to make space for and offer opportunities to remediate.
What accommodation can look like
The trick is identifying the functional limitations, and the changes that could help overcome those limitations. So, if a medication change is making me super groggy in the morning, perhaps a change of my work hours to a later start time is in order. If working from the office is too taxing on my energy during a depressive episode, maybe the place of work needs to change to allow for working from home. If my motivation or decision-making is reduced, more frequent and structured direction from my boss, and slightly expanded deadlines might be in order. If I am having trouble concentrating while reading complex documents, a screen reader could help.
Whatever the functional limitation, there is often an accommodation that can help me work through and balance out the disadvantage caused by my disability. Beyond that, my employer actually has a duty to accommodate, meaning that they cannot refuse a reasonable accommodation up to the point of undue hardship. The goal is to level the playing field – not confer any advantage – where equity, which differs from equality, is the aim.
Representation and changing the narrative
There is one final, very significant piece to the EEA. It aims to correct underrepresentation of members of designated groups in the workplace. That means that employers are encouraged and supported by the Act to hire and retain members of designated groups, including persons with disabilities, in an effort to balance out the systemic barriers that have prevented persons with disabilities from participating fully in the workforce.
Stigma and ableist attitudes persist in society and in the workplace, but the EEA gives me the legislative background – and the courage – to advocate for myself. It has empowered me to be assertive and forthright about the tools and conditions I need to succeed in the workplace as a person living with mental illness. Ultimately, it makes me a better employee, ensuring that I am consistently able to work to my full potential and contribute to the aims of my organization.
Further reading: Mental Health at Work — It Matters. How to Start the Conversation.
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