Discrimination in the workplace - to complain or not?

[Barney]

Hello.  Having been openly-bipolar in the workplace for decades, I have encountered a great deal of discrimination, which is almost impossible to prove, so most of it I've just sucked up/chalked up to experience.  In workplace contexts, I initially attempt to advocate/educate (on behalf of myself and others), but if that doesn't work, I move on - my health has to come first.

I did take an employer to the Anti-Discrimination Tribunal a couple of years ago - it was a mental health organisation, and the treatment I received was overt and brutal, so I felt I could not responsibly let it go.  The process was prolonged, stressful and horrendous - I would only recommend this as a course of action if you have a strong support network, and an outstanding advocate.  The process involved "conciliation" and a settlement, but I could have taken it further if I had been feeling more resilient and supported at the time.  So I "won", and achieved some closure for myself - mainly because my (ex) employer was so arrogant that she spoke her mind in front of the conciliators, giving them a taste of the derogatory attitude and language I had copped: thus "convicting herself" out of her own mouth, rather than relying on evidence from me, which realistically, would never have been treated as credibly as that from a person without a mental illness.  Sometimes persistence does pay off, but you have to weigh the cost to yourself....it's an unfair system, but if it's any comfort, we've come a long way since the 70s and 80s!  Good luck ....

[SGde3a]

I hope the courts actually took SOME evidence into account. When I had problems with my bosses they'd use pityful reasons and wouldn't focus on that I could actually do the work. Thats the ground for suing..not being passionate/angry. Thats the problem with "conciliation".

[Former-Member]

Thanks @Barney and @SGde3a - ultimately they will use poor performance as a way to get you terminated but no one performs well when put under extreme stress and at the moment that's what conditions I am working under. I'm very tempted to take some time as sick leave, my psychiatrist said he is happy to write me a letter but I also don't want them to think that they are getting to me. I just want to ride this out, prove I'm more than capable of doing my job and that any complaints made against have been done so maliciously and that I have been treated unfairlly. This has taken huge amounts of my time and taken a toll on me emotionally and I really have better things to do like working on my recovery after coming very close to taking my life last year. I haven't done anything to deserve this treatment so I will do whatever it takes to defend myself and make sure those who have deliberately set out to harm me are brought to account.

[Barney]

Hi again, Dugga.  I really relate to what you are describing, and have been there myself several times.  You're right - it's unfair, undeserved and just plain wrong, however I've found that it is also a balancing act for me: pride and outrage have made me fight over and over again, and yes sometimes I win, but the cost to me is so much greater than to other people.  As I've aged, I've found it easier to recognise my limits and walk away when the battle isn't worth the cost.

Depending upon your individual resilience and the quality of your support network - go for it!  Every time one of us says 'no, this is not right or good enough' we are also changing the environment for the people who come after us.

Just don't sacrifice yourself in the process ....

[Barney]

Mostly what I get from lawyers and tribunals, etc is that mental illness discrimination is virtually impossible to prove because it is largely invisible and/or subjective, in a way that physical disability discrimination is not - eg lack of wheelchair access, etc.

In my experience too, whether or not you "do the work" is also subjective: I once had an employer nominate me for a Human Rights Award in December one year, then tell me she was ending my contract because of perceived (ie no evidence) incompetence in March the following year!  Purely because I had, in the interim, revealed that I had bipolar.

I had another one say that, because I was "doing the work" competently, that I must be FAKING mental illness!! haha

Yet another one said that I was responsible for the discrimination because I wasn't managing my bipolar "well enough" (ie so I deserved whatever I got).

[Matt12]

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It's all about the money!! And will always be about the money!! That’s life, to prove liability takes time and energy...you need to document and follow due process within current legislation and have someone that can table the information to tap into the perception and interpriate outcomes within the mental heath act….I have an old saying, fundamentally the nature of the position has changed and no longer reflects the initial appointment, so go away a prove it……cost money, as far as mental health in the work place goes, its my understanding the people that pay don’t care

[Former-Member]

Thanks @Barney and @Matt12 - I would love to know the motivation behind the actions of these people. I've given this place 8 years of my loyalty, two awards for customer service then I disclose I have a mental illness.. BOOM everything changes and suddenly I'm accused of unprofessional conduct and poor service without giving me any specifics of what I've done. It's appalling, it really is and it seems to be a real issue with health care providers - the more they spout their compassionate and caring statements on the outside the reality is totally different on the inside. I have spent many hours now going through the human rights and disability discrimination acts and on the surface yes they have a case to answer but proving it is the hard part. I see this panning out two ways - they'll pacify me with "yes your manager was a bad person and said bad things but we'll all go off to a training session and learn to be better people"... or they'll make me out to be an underperforming threat who needs to be managed out. Either way I can't seen any real change. Really disappointing how little they regard someone who is living with a illness they are doing their best to manage while still showing up for work and dedicating themselves to their job. Loyalty counts for nothing with this organisation.

[SGde3a]

Thats true but at the same time it's a mistake to think after 8 years they're a representation of 'family'... It's still a business/dog-eat-dog type of environment.. you can't completely rely on them, trust them etc like you would family/friends... you can't expect that.. All some managers look at (particularly new employees) is work performance.. share holders.. etc. It's not against the law to treat people like commodities and throw them away for poor performance. Insensitive yes...

Think what kind of mental strength you need to completely rely on yourself/family/friends in total trust...not anyone from work,... then you can treat them like commodities/a game...

Also if the psychiatrist is trialling meds on you just be aware its a 'bandaid' it doesn't fix anything.. moving forward would be going off them, eating really healthy..foods with B Vits really work on stress.

[HighAchiever]

I have gone through exactly the same but worse. I am writing my story on another thread. I am currently going through workcover after my employer pushed and told me they were going to sack me. What I would do is write a time line with dates and dot point of the examples what was said and how you were feeling. This is very important down the line later, as alot of people do not want to read the whole story. They just want an overview. That way you can refer to a more discriptive document. You can also aply for general protections in the fair work commision and also a stop order for bullying and harrasment. Have they ever made reasonable adjustments for you until you are better? I would think that they would argue that you cannot meet the general requirements of the job, which after reading the above you certantly can. These people are ladder climbers who do not care about their number one assets, PEOPLE. Remember that you are the one that makes them look good to their bosses.............Are the rest of your team/colleages aware of what is happening in the work environment? You are not alone, Iam currently writing a thread of what happened to me, bear with the story as it may be a bit slow and you may not know where it is heading, but you will be certantly interested in how large corpoations respond to mental health in their workplace. This will be my goal to tell my story and expose the way corporations, with the help of their lawers who drive around in fancy cars discriminate against people with mental health issues that are caused by their own doing.

[Former-Member]

Thanks @HighAchiever - Please post a link to your thread, I'd like to read it. I haven't updated this thread in a weeks as I'm really in limbo. I'm getting the silent treatment at work and HR alleged they would follow up my complaints but I'm not holding by breath. I think they are hoping it will all blow over and I'll quit but I'm now I'm more determined than ever. The relationship with my manager would be beyond repair now and I'm sure senior management know that but like rats I'm sure they will sacrifice their own to save themselves. They don't have any loyalty to each other and they are very protective of their bonuses. I've been frozen out and isolated in the workplace which I'm sure is deliberate but it just gives me more evidence against them. I gave up trying to deal with this internally so now I've got outside help and there are certainly options available to me from a legal point of view. I have no great love of lawyers but speaking to people who have skills and knowledge of workplace law and discrimination has been a great benefit. Most HR people would have no idea and a lawyer would run rings around them in a meeting scenario.

Like you said documentation is essential and the longer they draw this out the more documentation I gather and the more confident I become in dealing with them. If they had just let me get on with my job in the first place none of this would have happened. They opened this can of worms.