Disability Rights

We Do Not Hire People with Mental Health Conditions

Q: The law only protects workers who are already employed, not job applicants.

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Q: Mental health conditions are not covered by labor law; only physical disabilities are.

Subscribe to The Advocate to see the full rebuttal, legal basis, and practise this response out loud.

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. Such policies are prohibited by anti-discrimination legislation.

What the Law Says

Your Legal Foundation

Ley de Contrato de Trabajo 20.744

art. 17 de la Ley de Contrato de Trabajo — Non-discrimination in employment

“The employer may require the worker to initiate the relevant procedures, providing him with service certificates and other necessary documentation for that purpose. From that moment, the employer must maintain the employment relationship until the worker obtains the benefit and for a maximum period of one (1) year.”

This law addresses retirement procedures, not hiring discrimination based on mental health. Therefore, it does not permit an employer to withdraw a job offer solely because an applicant has a mental health condition, as that would violate principles of non-discrimination and human dignity inherent in labor law.

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: “The law only protects workers who are already employed, not job applicants.”

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They might say: “Mental health conditions are not covered by labor law; only physical disabilities are.”

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