115 lines
3.6 KiB
YAML
115 lines
3.6 KiB
YAML
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abstract: 'Objectives Being able to work constitutes a powerful social integration
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vector for those suffering from mental health disorders, while also
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providing therapeutic benefits for them. Yet, despite some advances in
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this regard, such persons are still denied employment. The obstacles to
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their full workforce integration reside in the prejudices surrounding
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the disorders affecting them and the need to adapt tasks to their needs
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and abilities. The International Convention on the Rights of Persons
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with Disabilities, adopted by the United Nations in 2006, points out
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that disability results from the interaction between persons with
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impairments and attitudinal and environmental barriers that hinder their
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full and effective participation in society on the basis of equality
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with others. It stresses the importance of the right to work of persons
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with disabilities and, in particular, the implementation of reasonable
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accommodation for these persons in all workplaces. From this
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perspective, this article aims to explore the impacts of the legal
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obligation of accommodation.
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Methods In Canada, the fundamental rights approach and, in particular,
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the obligation for reasonable accommodation with regard to handicapped
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workers, has been well established in case law since the mid 1980s. This
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obligation is of a constitutional nature and its extended range is
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limited only by the proof of undue hardship. It thus forcefully prompts
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labour markets to take into consideration the needs and capacities of
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disabled workers. Through a study of Quebec case law, this article looks
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at the potential of the duty to accommodate with regard to promoting
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access to and retention of employment among people with mental
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disorders.
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Results The study found that the duty to accommodate imposes an
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innovative approach that takes into account the particular situation of
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the disabled person and involves the participation of all stakeholders.
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Accommodation allows employees to maintain an employment relationship
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despite repeated absences caused by illness, thus enabling them to do
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their work. Employers must provide adjustments relating to working time
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and allow gradual return when necessary. Moreover, the accommodation may
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involve changing the work itself or its psychosocial aspects.
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Conclusion By implementing measures to change the psychosocial work
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environment, accommodation not only promotes access to and retention of
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employment among people with mental disorders, but also opens the way to
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first stage prevention for the benefit of all.'
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affiliation: 'Laflamme, AM (Corresponding Author), Univ Laval, Fac Droit, Quebec City,
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PQ, Canada.
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Laflamme, AM (Corresponding Author), CRIMT, Montreal, PQ, Canada.
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Laflamme, Anne-Marie, Univ Laval, Fac Droit, Quebec City, PQ, Canada.
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Laflamme, Anne-Marie, CRIMT, Montreal, PQ, Canada.'
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author: Laflamme, Anne-Marie
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author_list:
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- family: Laflamme
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given: Anne-Marie
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da: '2023-09-28'
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doi: 10.7202/1041913ar
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eissn: 1708-3923
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files: []
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issn: 0383-6320
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journal: SANTE MENTALE AU QUEBEC
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keywords: 'accommodation; discrimination; right to equality; mental health;
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employment; job retention'
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keywords-plus: RETURN-TO-WORK; HEALTH
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language: French
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month: FAL
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number: '2'
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number-of-cited-references: '25'
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pages: 39-56
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papis_id: facd81bb374a35fb77d167a75c105289
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ref: Laflamme2017mentaldisorders
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times-cited: '4'
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title: 'Mental Disorders and Reasonable Accommodation at Work: The Potential of Quebec
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Law'
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type: Article
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unique-id: WOS:000418556300005
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usage-count-last-180-days: '0'
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usage-count-since-2013: '14'
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volume: '42'
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web-of-science-categories: Psychiatry
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year: '2017'
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