The invisible employee: reasonable accommodation of psychosocial disability in the South African workplace

Abstract

While many disabilities are observable, and thus are generally accepted by employers as requiring accommodation on the job (eg in the form of assistive technology, duty modifications and medical devices), psychosocial disability is not obvious. In fact, it is sometimes referred to as ‘the invisible disability’.1 This paper considers the challenges faced by people with psychosocial disabilities to access and retain meaningful work. It explores international and national legal frameworks and jurisprudence relating to the rights of persons with disabilities in the workplace, and demonstrates that challenges relating to regulation of disclosure; lack of clarity regarding the provision of reasonable accommodation and the undue hardship limitation; and societal and self-stigma remain significant barriers to the equal participation of persons with psychosocial disabilities in South Africa’s workplaces. I suggest that South Africa is failing to meet some of its obligations in terms of the Convention on the Rights of Persons with Disabilities and that there are weaknesses in the conception of disability inherent to the Employment Equity Act. To conclude, I offer recommendations relating to how these shortcomings might be rectified for the benefit of employees living with psychosocial disabilities.