The employer's duty to ‘reasonably accommodate’ employees suffering from psychosocial disability in the South African workplace: a comparative perspective

Abstract

While many disabilities are recognisable, and thus are largely acknowledged by employers as requiring accommodation on the job, psychosocial disabilities are not always apparent. In fact, they are referred to as ‘the invisible disability’. This research reflects on the barriers faced by people with psychosocial disabilities to access and retain work that is meaningful and their employer's duty to promote an environment that accommodates their requirements to deliver such. It investigates national and international legal frameworks and jurisprudence relating to the rights of persons with psychosocial disabilities in the workplace, and expounds on challenges relating to lack of clarity regarding whether psychosocial disability should be regarded as an incapacity or a disability. Further the requirements of reasonable accommodation and the undue hardship limitation are investigated and I investigate if societal and self-stigmas remain considerable barriers to the equal participation of persons with psychosocial disabilities in South African workplaces. This research suggests that the South African legislative framework dealing with employment rights should be widened to include psychosocial disability as a disability to meet some of its commitments in terms of the Convention on the Rights of Persons with Disabilities. To conclude, I provide recommendations for the South African employer, as how to provide and promote reasonable accommodations in the workplace for employees suffering from psychosocial disabilities.