Why should employers care about the DSM-5?
DSM-5 stands for the “Diagnostic and Statistical Manual of Mental Disorders”. The DSM-5 is the leading text on mental disorders for medical professionals (and insurers like the WSIB). To the extent that an employee’s medical condition “fits” within the DSM-5, such condition is likely to be found a disability and therefore entitle that employee to disability benefits (e.g. through insurance, WSIB, or employer plans), the protections of human rights legislation and to be accommodated in the workplace. Notably, the DSM-5 recognizes new mental disorders, and changes the criteria for some existing disorders. As our colleagues in B.C. point out, there are new disorders such as Caffeine Withdrawal, Cannabis Withdrawal, Mild Neurocognitive Disorder, Premenstrual Dysphoric Disorder, and treating extended grief over the loss of a loved one as depression.
With these “new disorders” and other changes, there will likely be additional instances of mental disorders diagnosed for employees. After all, if a definition is broadened more people will fall into it. Therefore, this will justify more leaves for employees which, in turn, will drive up employer benefit premium costs and accommodation costs. It probably is not just speculation to state that dealing with disabled employees is likely to become more costly for employers.
Please refer to our B.C. colleagues’ piece (link provided above) on the DSM-5 which contains additional information on the science and competing arguments behind the new publication.
Daniel Pugen
Ontario Employer Advisor
Published with permission from McCarthy Tétrault LLP
- Application dismissed: challenges in the workplace and performance management constitute credible non-discriminatory explanation for termination - January 23, 2023
- The Digital Implementation Act: problems and criticisms – appropriate purposes - December 19, 2022
- Should directors consider creditors’ interests when a corporation is near insolvency? - November 21, 2022
