abstract: 'Objectives Being able to work constitutes a powerful social integration

  vector for those suffering from mental health disorders, while also

  providing therapeutic benefits for them. Yet, despite some advances in

  this regard, such persons are still denied employment. The obstacles to

  their full workforce integration reside in the prejudices surrounding

  the disorders affecting them and the need to adapt tasks to their needs

  and abilities. The International Convention on the Rights of Persons

  with Disabilities, adopted by the United Nations in 2006, points out

  that disability results from the interaction between persons with

  impairments and attitudinal and environmental barriers that hinder their

  full and effective participation in society on the basis of equality

  with others. It stresses the importance of the right to work of persons

  with disabilities and, in particular, the implementation of reasonable

  accommodation for these persons in all workplaces. From this

  perspective, this article aims to explore the impacts of the legal

  obligation of accommodation.

  Methods In Canada, the fundamental rights approach and, in particular,

  the obligation for reasonable accommodation with regard to handicapped

  workers, has been well established in case law since the mid 1980s. This

  obligation is of a constitutional nature and its extended range is

  limited only by the proof of undue hardship. It thus forcefully prompts

  labour markets to take into consideration the needs and capacities of

  disabled workers. Through a study of Quebec case law, this article looks

  at the potential of the duty to accommodate with regard to promoting

  access to and retention of employment among people with mental

  disorders.

  Results The study found that the duty to accommodate imposes an

  innovative approach that takes into account the particular situation of

  the disabled person and involves the participation of all stakeholders.

  Accommodation allows employees to maintain an employment relationship

  despite repeated absences caused by illness, thus enabling them to do

  their work. Employers must provide adjustments relating to working time

  and allow gradual return when necessary. Moreover, the accommodation may

  involve changing the work itself or its psychosocial aspects.

  Conclusion By implementing measures to change the psychosocial work

  environment, accommodation not only promotes access to and retention of

  employment among people with mental disorders, but also opens the way to

  first stage prevention for the benefit of all.'
affiliation: 'Laflamme, AM (Corresponding Author), Univ Laval, Fac Droit, Quebec City,
  PQ, Canada.

  Laflamme, AM (Corresponding Author), CRIMT, Montreal, PQ, Canada.

  Laflamme, Anne-Marie, Univ Laval, Fac Droit, Quebec City, PQ, Canada.

  Laflamme, Anne-Marie, CRIMT, Montreal, PQ, Canada.'
author: Laflamme, Anne-Marie
author_list:
- family: Laflamme
  given: Anne-Marie
da: '2023-09-28'
doi: 10.7202/1041913ar
eissn: 1708-3923
files: []
issn: 0383-6320
journal: SANTE MENTALE AU QUEBEC
keywords: 'accommodation; discrimination; right to equality; mental health;

  employment; job retention'
keywords-plus: RETURN-TO-WORK; HEALTH
language: French
month: FAL
number: '2'
number-of-cited-references: '25'
pages: 39-56
papis_id: facd81bb374a35fb77d167a75c105289
ref: Laflamme2017mentaldisorders
times-cited: '4'
title: 'Mental Disorders and Reasonable Accommodation at Work: The Potential of Quebec
  Law'
type: Article
unique-id: WOS:000418556300005
usage-count-last-180-days: '0'
usage-count-since-2013: '14'
volume: '42'
web-of-science-categories: Psychiatry
year: '2017'