It may feel like since the pandemic, mental health is all we talk about. Sadly, stigma is still strong in many workplaces and areas of society when it comes to dealing with mental health challenges, and many suffer, still today, from all types of discrimination.

In this piece, we will examine what mental health discrimination is, discuss its impact on individuals and companies, and explore the role of employers in such situations.

What Is Mental Health Discrimination

Mental Health discrimination can be defined as an unfair treatment or a negative attitude towards an individual due to their mental health conditions. That implies any mental health challenges from anxiety, depression, to bipolar disorder...

There are different forms of discrimination:

• Direct: For example, if leadership decides not to promote an employee with the proper qualification because they know this person suffers from depression, and ultimately promotes a less qualified person who does not have such a diagnosis.
• Indirect / failing to provide reasonable adjustment: This can refer to putting employees with mental health conditions at a disadvantage through rigid policies that do not take into account their shifting symptoms.
• By association: Such as mistreating someone because they are a carer for someone with mental illness.
• By perception: When someone assumes a person has a mental health condition and treats them differently, even if they do not.
• Harassment: Occurs when an individual is belittled or mocked because of their physical or mental condition.
• Victimization: Refers to a situation where an employee would be the victim of retaliation for having spoken up about being discriminated against due to their mental health condition.

It is interesting to explore the different types of discrimination and understand that it is not always straightforward and can take more subtle forms, consequently going unnoticed for more extended periods.

Understanding the Impact of Mental Health Discrimination

It is easy to understand how such treatments can have a profound impact on someone's well-being at work, team dynamics, and the overall culture of the company in the long term. It indeed often can lead to:

• Decreased self-esteem: Through internalized negative stereotypes and prejudices others may hold, negative self-talk triggered by discriminatory behaviours, and/or a reduced sense of belonging.
• Increased stress: Triggered by physiological and emotional responses when people feel discriminated against, manifesting as increased heart rate, feelings of shame, anger, and frustration.
• Lower job satisfaction and productivity: The workplace can become hostile, impacting an individual's ability to concentrate, care for themselves, and even show up at work.
• Exacerbated mental health conditions: Can worsen existing issues or trigger new ones.
• Slowed career progression: Prevents or limits opportunities for advancement.

Unfortunately, a 2023 report from the European Parliamentary Research Service found that 50% of workers worry that disclosing mental health conditions could have negative impacts on their career. The report concludes that while it is becoming easier to talk about it, stigma and discrimination persist across Europe and prevent many from seeking support.

The Role of The Employer

Beyond the fact that such discrimination can cause high staff turnover and damage the company's reputation, the employer has a legal obligation and moral responsibility towards their employees.

Legal Obligations of Employers

At a global level, approximately 62-64% of countries explicitly include mental health in their disability laws, prohibiting discrimination in recruitment and employment. Over half of these countries also require reasonable workplace accommodations (e.g., flexible working arrangements) and promote affirmative action for employing persons with mental health challenges.

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is an international treaty promoting non-discrimination and equal employment rights worldwide.

The International Labour Organization (ILO) conventions No. 155 (1981) and No. 187 (2006) require safe and healthy working conditions, including mental health protection.

At the European level, the EU has a robust legal framework addressing mental health discrimination, as outlined in the EU Charter of Fundamental Rights and the Employment Equality Directive (2000/78/EC), among other laws. However, legislation still varies among EU Member States.

How To Create an Anti-Discriminatory Culture

Companies aware of mental health discrimination and proactive in preventing it foster a more inclusive and positive culture. Ways to prevent a toxic environment include:

• Developing and enforcing clear anti-discrimination policies.
• Conducting regular training for all staff.
• Promoting open discussion and safe spaces for feedback.
• Training managers in empathy and visible commitment.
• Monitoring diversity, pay equity, and discrimination complaints.

How to Support Employees Affected by Mental Health Discrimination

If discrimination exists, HR and leadership must act quickly and transparently by:

• Making reasonable adjustments (flexible hours, workload changes).
• Providing accessible mental health resources.
• Establishing confidential reporting mechanisms.
• Reviewing feedback processes and training programs.

Because discrimination can be insidious and hidden, companies must proactively fight stigma. Acknowledging the different types of discrimination, as well as their impact on individuals and the team, helps companies understand the importance of implementing clear and strict guidelines early, preventing issues before they arise.