What are "Mental Health & Addiction Disabilities?
Mental health issues may interfere with a person’s mental alertness, concentration, organization and their ability to deal with stress and anxiety. Addiction refers to the repetitive compulsion to engage in an activity or activities that may create negative and harmful consequences. Mental health and or addiction disabilities may or may not visible. Persons living with mental health and or addiction disabilities will also experience periods of wellness to periods of impairment. Persons living with mental health and or addiction disabilities are protected by the Ontario Human Rights Code (the “Code”) from discrimination and harassment on the grounds of “disability.”
York university policy
York University is committed to ensuring that all York community members, including students, staff, and faculty, receive equal treatment without discrimination on the basis of a mental health and or addiction related disability. York University’s policies and procedures protect people from discrimination because of past, present and perceived disabilities. These policies and procedures can be found at the end of this fact sheet.
What is the duty to accommodate?
York University has a duty by law to take steps to eliminate barriers, rules and practices that create a disadvantage for persons with mental health and addiction disabilities who work at the University or who access York’s services. Accommodations come in a variety of forms and are an individualized and reactive approach that ensures people living with disabilities have equitable opportunities to participate in their community. However, while York has a duty to accommodate, York University members need to actively participate in the accommodation process as well.
Examples of accommodations:
- Course readings and course outlines being made available as early as possible so materials can be made in alternative formats, if not available beforehand, and for students to take preventative measures of stress.
- Alternative forms of assessment which do not change the skills being tested are made available such as substituting an essay assignment with an oral presentation.
- Employee requests and receives flexible work hours to attend medical appointments.
- Employer offers a change in break policy so an employee can take medication.
Some persons living with mental health and or addiction disabilities will experience crises. It is important to learn how to respond to a person in crisis to meet their needs.
Ways of responding to a person in crisis:
- Ask, “Is everything okay?”
- Ask that person to tell you the best thing you can do to help.
- Be patient and supportive of that person
- Listen to what that person is saying
- Refer students and faculty members to York University’s resources for mental health and or addiction
Practicing Accommodation
Since individuals and all the relevant circumstances are highly variable, each accommodation request needs to be assessed on a case-by-case basis. The following reference tool from the Ontario Human Rights Commission (OHRC) is useful in guiding accommodation requests.
Person Requesting:
- Take initiative to request accommodation
- Explain why accommodation is required
- Provide notice of request in writing, and allow a reasonable time for reply
- Explain what measures of accommodation are required
- Deal in good faith
- Be flexible and realistic
- If desired, request details of the cost of accommodation if undue hardship may be a factor
Person/Organization Responsible:
- Respect the dignity of the person seeking accommodation
- Assess the need for accommodation based on the needs of the group of which the person is a member
- Reply to the request within a reasonable time
- Grant requests related to the reasonable accommodation of a disability
- Deal in good faith
- Consider alternatives
- If accommodation is not possible because of undue hardship, explain this clearly to the person concerned and be prepared to demonstrate why
York resources
Accommodation concerns and complaints should be directed to the Centre for Human Rights, Equity and Inclusion. You may also refer to:
Counselling and Disability Services (CDS) – Mental Health Disability Services
Employee Well Being
Mental Health and Wellness at York
York Policies, Procedures, Guidelines
Accessibility for Persons with Disabilities, Customer Service Guideline
Accessibility for Person with Disabilities, Statement of Commitment
Documentation Guidelines for Students with Mental Health Disabilities
Policy on Accommodation in Employment for Persons with Disabilities
Procedures on Accommodation in Employment for Persons with Disabilities
Policy on Academic Accommodation for Students with Disabilities
Policy and Guidelines on the Conduct of Examinations
Policies and Procedures for Writing an Alternate Exam
External Resources
OHRC Disability and Human Rights Brochure, 2016
OHRC Policy and guidelines on disability and the duty to accommodate
OHRC Policy on Preventing discrimination based on mental health disabilities and addictions
Sources
COU Mental Health
York University Identifying and Responding to a Person in Crisis: A Guide for Faculty and Staff
OHRC Policy on preventing discrimination based on mental health disabilities and addictions
Federal Public Service Workplace Mental Health Strategy
World Network of Users and Survivors of Psychiatry Psychosocial Disability
Making York University REDI
The Centre for Human Rights, Equity and Inclusion promotes and builds a respectful, equitable, diverse and inclusive university community that upholds human rights, facilitates equitable access to opportunities, and champions diversity and inclusion as a strategic objective. It strives to be a leader in:
Providing and assuring excellence in the fair resolution of conflicts and complaints from faculty, staff and students under provincial human rights legislation and related university requirements.
Consulting, coordinating, educating and guiding the university community on best practices to instill human rights, equity and inclusion in all facets of York’s operations and governance.
Providing programs and services that are accessible, impartial, non-adversarial and confidential.
