Do you have to tell your employer that you have depression?

INFORMATION SHEET

Rights, responsibilities and practical advice about telling your employer about your depression, anxiety or related disorder.
ARE YOU OBLIGED TO TELL?
Depression is a recognised disability and attracts certain rights as such under the Australia-wide Disability Discrimination Act 1992. If your depression does not affect how you do your job and you are not asked directly about it by your employer, then you are not legally required to tell them about it. However, if an employer does not know you have depression, they may not be able to provide you with assistance that you may need and it will be virtually impossible later on to prove they have discriminated against you because of it.

More than one million people in Australia experience depression, anxiety or related substance use disorders each year 1. With depression affecting one in ve people at some point in their lifetime, these gures also transfer to workplace settings. In Australia depression is second only to heart-related illness in terms of the amount of disability it causes 2. Depression can have a profound impact on all aspects of life, including work. The decision to tell an employer about depression, anxiety and related disorders is often a difcult one. As the consequences of telling can be unpredictable, a careful consideration of the issues involved is recommended.

TELLING MAY INVOLVE RISK

The decision to tell or not is an individual one. Unfortunately there is no one single and simple answer to whether a person should tell their employer about their depression in all cases. Each situation will depend on its own facts. Below are some common reasons why people choose to tell and why some choose not to.

WHY TELL?
To identify any reasonable adjustments that may be required to assist you in doing your job (such as time off to see your psychologist). Disability discrimination law obliges employers to consider reasonable adjustments for staff with disability. To avoid misunderstanding or labelling, and educate others in the workplace about depression. To protect your right to bring a formal disability discrimination complaint (if that is necessary) at a later time. To gain access to support/mentoring resources and information available for people with depression.

For more information on depression visit:

www.beyondblue.org.au

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or Lifelines Just Ask on 1300 13 11 14

Do you have to tell your employer that you have depression?

INFORMATION SHEET

WHY NOT TELL?

Depression may not affect how a person does their job at all; in that case it may not be relevant for your employer to know. You dont need any reasonable adjustments at present or in the foreseeable future. You have a right to privacy. Fear of negative attitudes and stereotypes that lead to discrimination such as harassment, dismissal, being denied job opportunities or promotions.

ORGANISATIONAL FACTORS THAT MAY INFLUENCE YOUR DECISION TO TELL

Does your workplace have a Mental Health Policy? Does this indicate that the organisation is open to helping employees who experience depression? Do you know of anyone else in your workplace who has spoken about their depression? If so, what happened? What is the level of awareness about depression in your workplace? What level of stigma regarding mental illness exists in your workplace? To what extent does your organisation support staff who are experiencing difculties? How supportive are your colleagues?

HOW DO YOU TELL YOUR EMPLOYER?

If you decide to tell your employer that you have depression, you may nd it useful to think through the following issues before you take action: What are your reasons for telling? What reactions are you expecting? What will you do if the reactions you receive are different from your expectations? Who will you tell? It may be helpful initially to talk to a colleague you trust who can provide support later if you have negative reactions from others in your workplace. In addition, you may decide to ask this person to be present when you talk to your manager about your depression (this may be particularly useful if you are unwell at the time of the discussion). Alternatively, you may nd it useful to have a condential discussion with an HR ofcer. What will you say? What level of detail about your condition are you comfortable talking about? Remember to keep a diary of any signicant events at work and copies of emails and letters sent and received. For example, when you talked to your employer about your depression and what, if any, repercussions occurred.

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For more information on depression visit:

www.beyondblue.org.au

or call Lifelines Just Ask on 1300 13 11 14

Do you have to tell your employer that you have depression?

INFORMATION SHEET

TIPS FOR EMPLOYERS

Disability discrimination and harassment is unlawful under the Disability Discrimination Act 1992. An employer must observe condentiality and respect the privacy of each employee (that means an employer should not unnecessarily discuss the employees depression with others in the workplace without their permission). An employer may need to provide reasonable adjustments (like time off to see doctors or psychologists) for an employee with depression. An employer needs to prevent harassment and bullying in the workplace and be pro-active in this regard.

TIPS FOR EMPLOYEES

There is no legal obligation for a potential or current employee to tell their prospective or current employer about their depression. But, it will be essential to discuss your depression with your employer if, at a later time, you decide to make a formal disability discrimination complaint about the way you have been treated. It may be desirable to tell your employer about your depression if it impacts on how you do your job or the health and safety aspects of your work environment, for example, if you feel that your decision-making capacity or ability to operate machinery is compromised. It may also be desirable to discuss your illness with your employer if its impacting on your work performance, especially if you are being subjected to disciplinary procedures or warnings for poor work performance. In this case you might need some workplace adjustments.

Other staff members should be informed of any reasonable adjustments that may impact on them (for example, a reduction in work hours or changes to management responsibilities). Keeping others informed (without compromising the privacy of the employee with depression) can reduce the risk of gossip, bullying and harassment. An employer should not make assumptions about depression; the employer should talk with the employee in a fair and open way to see what (if any) adjustments or assistance is needed. It is important to document the conversation with the employee about their depression on their private personnel le and make a note of any reasonable adjustments they may require.

For more information on depression visit:

www.beyondblue.org.au

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or Lifelines Just Ask on 1300 13 11 14

Do you have to tell your employer that you have depression?

INFORMATION SHEET

USEFUL CONTACTS
If you think youve been treated unfairly at work because of your depression, or you would like information on your rights, you might like to contact one of the following: Human Rights & Equal Opportunity Commission Ph: 1300 656 419 TTY: 1800 620 241 Website: www.humanrights.gov.au

Western Australia
Mental Health Law Centre Phone: (08) 9328 8266 Free call: 1800 620 285 Website: www.mhlcwa.org.au Sussex Street Community Law Service (WA) Ph: (08) 9470 2676 TTY: (08) 9470 2831 Email: sussex.st@sscls.asn.au Website: www.sscls.asn.au

Victoria
Mental Health Legal Centre Phone: (03) 9629 4422 Or 1800 555 887 (Country) Website: www.communitylaw.org.au/mentalhealth/ Disability Discrimination Legal Service Inc (VIC) Ph: (03) 9654 8644 TTY: (03) 9654 6817 Email: info@ddls.org.au Website: www.communitylaw.org.au/ddls

Tasmania
Legal Aid Ofce Phone: 1300 366 611 (Tasmania only) Launceston Community Legal Centre (TAS) Ph: (03) 6334 1577 Or: 1800 066 019 TTY: (03) 6334 1949

New South Wales

Law Access Line Phone: 1300 888 529 TTY: 1300 889 529 Website: www.lawaccess.nsw.gov.au Free Legal Advisory Service Phone: (02) 4914 5999 (Newcastle area only) Anti-Discrimination Board (NSW) Ph: (02) 9268 5555 TTY: (02) 9268 5522 Website: www.lawlink.nsw.gov.au/adb NSW Disability Discrimination Legal Centre Ph: (02) 9310 7722 Or Toll Free: 1800 800 708 (NSW only) TTY: (02) 9310 4320 Or Toll Free TTY: 1800 644 419 (NSW only) Email: info@ddlcnsw.org.au Website: www.ddlcnsw.org.au

South Australia
Legal Services Commission of South Australia Phone: (08) 8463 3555 Or 1300 366 424 TTY: 08 8463 3961 Website: www.lsc.sa.gov.au Disability Discrimination Service (SA) Ph: (08) 8342 1800 Email: ccls@ucwesleyadelaide.org.au

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For more information on depression visit:

www.beyondblue.org.au

or call Lifelines Just Ask on 1300 13 11 14

Do you have to tell your employer that you have depression?

INFORMATION SHEET

USEFUL CONTACTS continued

Queensland
Legal Aid Phone: 1300 651 188 Website: www.legalaid.qld.gov.au Caxton Legal Centre (07) 3254 1811 Website: www.caxton.org.au Welfare Rights Centre Inc (QLD) Ph: (07) 3847 5532 TTY: (07) 3847 5533 Email: wrcqld@wrcqld.org.au

Australian Capital Territory

Legal Aid Ofce of ACT Phone: (02) 6243 3411 Or 0429 440 084 Or 1300 654 314 Website: www.legalaid.canberra.net.au Welfare Rights & Legal Service Phone: (02) 6247 4499 Disability Discrimination Legal Service (ACT) Ph: (02) 6247 2018 TTY: (02) 6247 2018 Email: wrlc@netspeed.com

Northern Territory
Alice Springs Legal Aid Commission Phone: (08) 8951 5377 Website: www.nla.aust.net.au Darwin Legal Aid Commission Phone: (08) 8999 3000 Website: www.nt.gov.au/ntlac Darwin Community Legal Service (NT) Ph: (08) 8982 1111 TTY: (08) 8982 1177 Email: info@dcls.org.au

This information sheet was jointly developed by the NSW Disability Discrimination Legal Centre and beyondblue: the national depression initiative

beyondblue: the national depression initiative, 2006. PO Box 6100, Hawthorn West VIC 3122 T: (03) 9810 6100 F: (03) 9810 6111 E: bb@beyondblue.org.au W: www.beyondblue.org.au

Andrews G, Hall W, Teeson M, and Henderson S. The Mental Health of Australians. Mental Health Branch, Com Dpt Health and Aged Care, 1999. Mathers C, Vos T, and Stevenson C. The burden of disease injury in Australia. Australian Institute of Health and Welfare, 1999.

For more information on depression visit:

www.beyondblue.org.au

5 of 5
or Lifelines Just Ask on 1300 13 11 14