Mental health discrimination to be outlawed

Mental health discrimination – about time some action taken

The Equality Act is a very welcome step forward and codification of other pre-existing pieces of discrimination law, but one area, of increasing significance to modern life, where discrimination is still accepted is for mental health.

Some aspects of mental health problems are of course covered by disability discrimination law, but this is always difficult to assess when it comes to the definition of disability and does not cover a situation where an individual has suffered from, for example, depression or another mental health condition in the past which has not resurfaced at the relevant time.

Under the existing law (a new Bill has been proposed to change the law) jurors, MPs, school governors and company directors can lawfully be removed from their positions due to previous mental health problems.

The proposed new legislation is in the form of the Mental Health (Discrimination) Bill and it has reached a second reading in the House of Lords. The current position is anachronistic and should be changed asap, so watch this space and it looks good for a change to go through.

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