Legal and Ethical Considerations Related to Mental

Health at the Workplace

Employers have a legal and ethical responsibility to support employees' mental health and
create a safe and inclusive work environment.
 Legal Framework
It is an overview of U.S. laws and regulations that are relevant to employment, with a focus on
preventing discrimination and ensuring safe working conditions, particularly regarding mental health
and disabilities. Here's a brief explanation of each law mentioned:
1.Americans with Disabilities Act (ADA): This law prohibits discrimination against individuals with
disabilities in all areas of public life, including employment. It ensures that people with mental or
physical disabilities have equal access to job opportunities and are not unfairly treated in the workplace.
2.Family and Medical Leave Act (FMLA): This law allows eligible employees to take unpaid, job-protected
leave for specific family and medical reasons, such as serious health conditions (including mental health
issues). This ensures that employees can take time off without the fear of losing their jobs.
3.Occupational Safety and Health Act (OSHA): This law is aimed at ensuring safe and healthy working
conditions for employees by setting and enforcing safety standards. OSHA covers physical health,
workplace safety, and general employee welfare.
These laws are designed to protect workers' rights and promote inclusive, healthy, and safe working
environments.
 Duty of Care
- Definition of duty of care and its application to mental health in the workplace-
This is known as an 'employer duty of care' and means protecting the physical and psychological
health, safety, and welfare of your employees (and others) while at work. To fulfil your employer
duty of care, you must make a proactive effort to find out about an employee's wellbeing and
provide individual support.
Employers' responsibility to provide a safe and healthy work environment-
Examples of breaches of duty of care
For instance, if an employer sends an employee on a business trip without ensuring safe
accommodation or clear travel guidelines, and the employee is harmed as a result, this could be
considered a breach of duty of care.
 Confidentiality and Privacy
Overview of confidentiality and privacy laws, such as HIPAA
Employers' obligations to maintain confidentiality and protect employees' privacy-
Examples of confidentiality breaches
A company laptop containing sensitive client data is stolen.
An employee shares confidential information about a client with family or friends.
An employee discloses information they deem not to be of a confidential nature.
mistakenly sending Client A an email that was meant for Client B
 Accommodations and Support
Employers' obligations to provide reasonable accommodations for employees with mental
health conditions-
Examples of accommodations, such as flexible work arrangements, leave, and counselling
services-
Importance of employee support and resources:
fostering a healthy and productive work environment.
It encompasses various programs and services designed to meet the physical, emotional, and
professional needs of employees.
Great employee support leads to a plethora of positive outcomes.
 Bullying and Harassment
- Definition of bullying and harassment and their impact on mental health- It involves tactics that
manipulate the victim's mental well-being or self-esteem.
Examples: Intimidation, threats, gaslighting, or psychological manipulation
Employers' obligations to prevent and address bullying and harassment-
Employers' obligations may include:
Creating Policies, Providing Training, Reporting Mechanisms, Investigating Complaints,
Enforcing Disciplinary Actions & Supporting Victims.
Examples of policies and procedures to address bullying and harassment:
Academic Bullying: Targets a student's academic performance, often involving exclusion or
undermining in educational settings.
Examples of policies and procedures to address bullying and harassment:
Here are common examples that employers can implement in the workplace to prevent and address
such issues:
Anti-Bullying and Harassment Policy
Code of Conduct
Reporting Procedures
Complaint Investigation Process
Disciplinary Actions
Employee Support
Training and Education Programs
Monitoring and Review

These policies and procedures help create a safer, more inclusive workplace and ensure that complaints
of bullying and harassment are handled properly and fairly.
Academic Bullying: refers to abusive behaviour in academic settings, where individuals misuse
their authority, power, or position to intimidate, harass, or undermine others. This form of
bullying typically occurs among students, professors, researchers, or academic staff and can have
damaging effects on the victim's career, mental health, and academic performance.
 Ethical Considerations
Ethical principles, such as respect, empathy, and fairness
Importance of creating a culture of inclusivity and respect- This concept is essential for
fostering a positive, productive, and safe work environment for all employees, regardless of their
background, identity, or status
Examples of ethical dilemmas in mental health at the workplace
These dilemmas cover a range of ethical difficulties, including the management of
confidentiality, third-party information, child protection, competency, self-disclosure, the
management of therapy when offered at home, and the setting of boundaries.
For example, An employee confides in the HR manager or a workplace counselor about
experiencing severe depression and expresses suicidal thoughts. They explicitly ask the
professional to keep the conversation confidential, fearing that revealing this information could
jeopardize their job security or reputation within the company.
 Best Practices
Creating a mental health policy -
For instance, The Meghalaya Mental Health Policy aims to promote overall mental health and
well-being and facilitate appropriate access and care pathways for common and severe mental health
concerns. It aims to reduce the extent of disability, morbidity, mortality, and social suffering.
Companies should encourage open communication and feedback.
 Conclusion
Encourage employers to prioritize mental health and create a supportive and inclusive work
environment

Supporting mental health at the workplace is not only a legal and ethical responsibility, but also
a business imperative.
Talking to health professionals about mental health issues
Be open and honest with your doctor about your feelings, thoughts and behaviour.
Tell your doctor about your general health and mental health history, symptoms and any
medication you are taking.
Speak to your doctor about any privacy concerns you have.