⚖ The Advocate
Disability Rights

We Do Not Hire People with Mental Health Conditions

Challenging pre-employment discrimination based on mental health or psychiatric history

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The Situation

What They Said

“We do not hire people with mental health conditions.”
A job applicant disclosed, either voluntarily or in response to a medical questionnaire, that they have a mental health condition — such as depression, anxiety, or bipolar disorder — that is managed with medication and does not currently affect their work performance. The employer immediately withdrew the job offer or refused to consider the application on this basis alone.
The Fallacy

Mental Health Diagnosis Predicts Inability to Work

A mental health diagnosis does not determine whether someone can do a job. The relevant question is always whether the person can perform the essential functions of the role, with or without reasonable accommodation. Blanket policies that exclude all people with mental health conditions from employment are per se discriminatory — they do not assess the individual, they exclude a category. This is prohibited by the Employment Equity Act, PEPUDA, and the Mental Health Care Act.

What the Law Says

Your Legal Foundation

Employment Equity Act 55 of 1998
Section 6(1) — Prohibition of Unfair Discrimination — No Unfair Discrimination in Recruitment on Grounds of Disability
“No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds including race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language or birth.”
Refusing to hire someone solely because they have a mental health condition is direct unfair discrimination under the EEA. The employer must assess whether you can perform the essential functions of the job — the diagnosis alone is not the test. You can refer this to the CCMA or approach the Labour Court.
Mental Health Care Act 17 of 2002
Section 3 — Rights of Mental Health Care Users — Mental Health Care Users Have Equal Rights and May Not Be Unfairly Discriminated Against
“Every mental health care user has the right to be treated with dignity and respect, to be protected from exploitation and abuse, and to have access to the care, treatment and rehabilitation they require, in an environment that is least restrictive of their freedom and that promotes their recovery.”
The Mental Health Care Act affirms that people with mental health conditions retain full civil rights — including the right to employment without discrimination. An employer who refuses to hire based on a mental health diagnosis violates both this Act and the EEA.
What Scripture Says

God's Word on This

2 Corinthians 12:9 (NET)
“But he said to me, 'My grace is enough for you, for my power is made perfect in weakness.' So then, I will boast most gladly about my weaknesses, so that the power of Christ may reside in me.”
Weakness, struggle, and mental suffering are not disqualifying marks in Scripture — they are places where grace works. An employer who permanently disqualifies someone because of their mental health history contradicts both this truth and the law.
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What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “We asked you to disclose your medical history and you did not — so the job offer is withdrawn for dishonesty.”
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They might say: “You passed the medical — we are basing this on the psychiatric report, which we are entitled to see.”
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