Malcolm MacKillop breaks down what is considered a disability and/or disorder as it refers to employment and labour law.

1. MALCOLMMACKILLOP
A Reference for Psychological Disorders
The DSM-V

2. The American Psychiatric Association’s Diagnostic and Statistical Manual of
Mental Disorders, Fifth Edition (“DSM-V”), the latest edition of the “Bible” on
psychological disorders, serves as the authoritative text when it comes to
properly diagnosing psychological issues. Employers should familiarize
themselves with the latest edition in order to ensure they are aware of newly
added disorders, some of which may not be well known.

3. HowDoesthisImpactEmployers?
The addition of conditions in the
DSM-V will broaden an employer’s
duty to accommodate persons with
disabilities under the Accessibility for
Ontarians with Disabilities Act, 2005
(“AODA”), the Ontario Human Rights
Code (the “Code”) and the Canadian
Human Rights Act. It is important to
understand the duty to accommodate
and when it arises, as failing to
properly accommodate disabled
employees could result in significant
costs to employers down the line.

4. What Needs to be
Accommodated?
MalcolmMacKillop
Employers have a duty to accommodate
employees with both physical and mental
disabilities. The DSM-V recognizes a wide range of
psychological disorders that may require
accommodation in the workplace – including
some newer additions that employers should be
aware of.

5. For example, according to the DSM-V, employers may have to provide
accommodation to those with the following psychological disorders:
Premenstrual Dysphoric
DisorderHoarding Disorder
Skin-picking Disorder
Gambling Disorder
Caffeine Withdrawal
Cannabis Withdrawal
The fact that these conditions are included in the DSM-V signals that
they are likely to be treated in the same fashion as other disabilities
under applicable legislation.

6. What Can an Employer Do?
Employers should remain up to date on the DSM-V and review their
obligations under the Code and AODA in order to ensure they have
proactive workplace policies in place that address their disability-related
obligations with respect to both physical and mental disabilities.
One thing that remains consistent throughout every instance of
accommodation is that proving undue hardship can be very difficult.
Practically speaking, employers should generally accept that the disorders
outlined in the DSM-V can be considered mental disabilities and focus
their efforts on obligations relating to accommodation and education
under AODA and the Code.

7. - Malcolm MacKillop
Thanks for
reading!