Mental Illness & Discrimination During Hiring

Ensuring your organisation is complying with relevant laws and legislation during the onboarding phase extends beyond the standard employee induction process.


It also involves providing equal opportunities to candidates and not making prejudiced decisions based on attributes that may not impact work performance.


One example of such discrimination is rejecting a prospective employee due to his or her mental illness.


Mental disorders in Australia 


Around 45 per cent of people have experienced a mental disorder.


A huge chunk of the Australian workforce suffers from mental illness.


In fact, almost 1 in 2 (45 per cent) people between the ages of 16 to 85 have experienced a mental disorder at some stage in their life, according to figures collated by the Australian Bureau of Statistics.


Anxiety disorders are the most common type of mental illness, affecting around 14 per cent of people.


An additional 6 per cent of the population experience affective disorders, while a further 5 per cent of people suffer from substance use disorders.


Despite the fairly widespread prevalence of these afflictions, many employers appear to be hesitant when it comes to hiring people who experience such disorders.

Mental health and the struggle to find employment 


Many people with mental illnesses feel discriminated against when searching for work.


Those living with mental illness are finding it tough to secure gainful employment.


Citing research from the Australian College of Psychiatrists, Stacks Law Firm explained that more than 1 in 2 people with a mental illness believe they have been turned down from a role due to their disorder.


One of the study’s participants went so far as to say that he’d have a better chance of finding a job if he told interviewers he’d spent time in prison.


“Sometimes I think it’s worse than telling them you have been in jail.


Once you mention it, their face changes and their body language changes and you know you won’t get the job,” he said.


This is in direct breach of the Fair Work Act 2009.


However, as Nathan Luke, workplace law expert at Stacks Law Firm explained, it’s often difficult for candidates to prove that they have in fact been discriminated against.


“The company will say somebody else had better qualifications or you didn’t quite fit the requirements.


But if they say something like ‘We don’t want you because you have a mental illness’, then you could have a case and should seek expert legal advice.”


What does this mean from an HR perspective?


Given the repercussions of breaking discrimination laws, HR professionals and other business leaders must do everything they can to ensure their hires are made ethically and in line with all the applicable laws and legislation.


Companies that invest in mental health see average ROI of 2.3


There are many ways an organisation can promote wellness in the workplace.


For example, training new employees on techniques to manage work-related stress can go a long way to reducing anxiety and burnout.


While there may be some costs involved with such an initiative, it’s possible that your company could benefit in the long run.


Organisations that channel resources into creating a mentally healthy workplace enjoy greater productivity from their workforce and fewer compensation claims.


These benefits result in an average return of $2.30 for every dollar spent, according to research from PricewaterhouseCoopers.


Mental illness is a prevalent phenomenon amongst the Australian workforce.


During recruitment, it’s vital that you have a good understanding of what constitutes discrimination so that you can make ethical and legally sound decisions.

By Ziggy Dequito 15 Apr, 2024
Discover how WorkPro’s social media and adverse media checks are transforming recruitment processes. Ensure your next hire aligns with your company values and protects your reputation with WorkPro's comprehensive background checking services.
By Ziggy Dequito 04 Apr, 2024
Discover how WorkPro's strategic partnerships, particularly with PageUp, transform recruitment processes with advanced background checks, work rights verification, and seamless ATS integration, streamlining the path to job readiness.
Unlocking the Seamless Integration Between WorkPro and SmartRecruiters
By Ziggy Dequito 01 Apr, 2024
Discover how the WorkSmart integration transforms recruitment by merging WorkPro's compliance solutions with SmartRecruiters' efficient hiring process, streamlining workflows, and enhancing candidate experiences.
By Ziggy Dequito 05 Mar, 2024
Explore how WorkPro's eLearning platform addresses the challenges of compliance, engagement, and practical application in workplace training. Discover customisable, up-to-date, and interactive modules designed for evidence-based learning across various industries. Elevate your organisation's training with WorkPro's innovative solutions tailored to meet legislative changes and industry-specific needs.
Cultivating Employee Wellbeing with WorkPro
By Ziggy Dequito 05 Mar, 2024
Australian businesses lose billions of dollars every year due to workplace stress. Find out how WorkPro can help your organisation foster wellness, leading to increases in employee morale, productivity and more.
By Ziggy Dequito 26 Feb, 2024
Australia's employment landscape is undergoing significant transformation with the "Closing Loopholes" legislation, introducing sweeping reforms to bolster worker protection and promote fair employment practices. This legislation marks a pivotal shift towards ensuring employee rights and equitable treatment across various sectors, including the gig economy, casual employment, and the right to disconnect. WorkPro is at the forefront, providing essential resources to help employers and HR professionals adapt to these changes effectively. Our comprehensive factsheets, checklists, and webinars offer in-depth insights into the legislation's implications, empowering you with the knowledge to navigate the evolving employment standards confidently. Discover how WorkPro's suite of free resources, including detailed eBooks and interactive learning sessions, can support your organisation in fostering a compliant, safe, and respectful workplace.
Show More
Share by: