Hurtful Statements People with Psychosocial Disabilities Hear in the Workplace, Let's Breakdown of Violations. By: Emmanuel Brian Mbuthia (@Crpd_guy)

People with psychosocial disabilities often face significant stigma and harmful assumptions in the workplace. In Kenya, these hurtful statements not only perpetuate discrimination but also violate national and international laws that protect the rights of persons with disabilities. Using examples of harmful comments, this article will illustrate how these remarks contravene the United Nations Convention on the Rights of Persons with Disabilities (CRPD), Kenya's Disability Act, the Constitution of Kenya, and relevant labor laws.

1. "You don’t look sick; are you just making excuses?"

This statement dismisses invisible disabilities, implying that only visible illnesses or disabilities are valid. Article 1 of the CRPD defines people with disabilities as those with "long-term physical, mental, intellectual or sensory impairments," and Article 3 outlines respect for inherent dignity. This statement violates both the CRPD and Kenya’s Persons with Disabilities Act, which recognizes psychosocial disabilities as legitimate.

In the Constitution of Kenya (2010), Article 28 guarantees every person the right to dignity, while Article 54 affirms that persons with disabilities are entitled to be treated with dignity and respect. Dismissing someone’s disability simply because it is not visible is a clear breach of these rights.

2. "Mental health is just a fad; people didn’t need therapy in my day."

This trivializes mental health and fails to recognize it as a serious, long-term disability. The Persons with Disabilities Act (2003) of Kenya mandates the elimination of any discrimination against persons with disabilities, including those with mental health challenges. Article 25 of the CRPD stresses the right to healthcare without discrimination, including mental healthcare. Statements like this perpetuate stereotypes and prevent individuals from seeking the help they need.

Under the Employment Act of Kenya, employers must promote equal opportunity and are prohibited from discriminating against employees on the grounds of health, including mental health.

3. "If you can’t handle the pressure, maybe this job isn’t for you."

This comment implies that the person is unfit for work because of their disability, violating Article 27 of the CRPD, which promotes the right to work for persons with disabilities without discrimination. The Constitution of Kenya, under Article 54, mandates that persons with disabilities be provided with reasonable accommodation to ensure their effective participation in the workforce.

The Employment Act (2007) also requires employers to provide reasonable adjustments to help workers with disabilities meet job requirements. Dismissing someone’s ability to work based on their psychosocial disability directly violates this obligation.

4. "You’re too sensitive; everyone gets stressed."

This comment downplays the seriousness of mental health conditions and equates them with ordinary stress. The CRPD emphasizes that disabilities, including mental health conditions, require respect and understanding, not minimization. Kenya’s Constitution guarantees that persons with disabilities are entitled to reasonable adjustments that consider the nature of their disability, which goes beyond everyday stress management.

In the workplace, the Occupational Safety and Health Act (2007) mandates that employers create a safe working environment that supports mental health, further emphasizing the need for care and accommodations, not dismissal of psychosocial concerns.

5. "You’re just using your condition as a crutch."

Accusing someone of exploiting their disability implies dishonesty and perpetuates harmful stereotypes. Under Article 8 of the CRPD, States Parties are required to take measures to combat stereotypes and prejudices against persons with disabilities. The Persons with Disabilities Act also prohibits discrimination based on disability and mandates respect for persons with disabilities.

Such a statement violates the principle of non-discrimination in Kenya's Constitution, which enshrines the right to equality and freedom from discrimination under Article 27. Disparaging someone’s condition in this manner only further entrenches stigma and hinders their full inclusion in society.

6. "We can’t afford to make special exceptions for you."

This is a direct violation of the right to reasonable accommodation as outlined in Article 2 and Article 5 of the CRPD. Reasonable accommodation refers to necessary and appropriate modifications that do not impose a disproportionate or undue burden, yet are crucial to ensuring that persons with disabilities can perform on an equal footing with others.

Kenya’s Persons with Disabilities Act similarly requires that persons with disabilities receive necessary accommodations in the workplace. Under the Employment Act, failure to make such adjustments amounts to discrimination.

7. "Why can’t you just snap out of it?"

This harmful remark trivializes the complexity of psychosocial disabilities, which often require long-term treatment and support. The CRPD explicitly recognizes the need for long-term care and support systems for persons with disabilities. In Kenya, the Mental Health Act (1989) acknowledges the chronic nature of mental health conditions and the need for appropriate treatment. Employers must understand that mental health conditions cannot simply be "snapped out of."

The Employment Act guarantees workers a healthy environment, and an employer's lack of understanding or accommodation can be viewed as a failure to provide a supportive workplace.

8. "You’re making the team look weak."

This statement stigmatizes persons with psychosocial disabilities as burdensome to others, fostering a hostile work environment. Article 8 of the CRPD calls for measures to eliminate stereotypes, and Kenya’s Constitution and the Persons with Disabilities Act both emphasize dignity, equality, and respect for all individuals, regardless of disability.

In the workplace, this comment can lead to exclusion and isolation, violating the right to non-discrimination and equal opportunity under the Employment Act.

9. "Are you sure you’re not just lazy?"

Equating a disability with laziness reflects a profound misunderstanding of mental health conditions. Article 27 of the CRPD protects persons with disabilities from being unfairly treated at work due to their disability. Similarly, Kenya’s Constitution and the Persons with Disabilities Act prohibit any form of discrimination based on health, including mental health.

Under the Occupational Safety and Health Act, employers are responsible for fostering a supportive and understanding work environment. Questioning a person’s integrity in this way can severely affect their well-being and performance.

10. "Why do you always need time off? Others are managing just fine."

This comment discriminates against the person’s need for medical leave or mental health days, violating Article 27 of the CRPD, which ensures the right to work for persons with disabilities, and mandates that they be provided with the necessary flexibility to accommodate their disability. Kenya’s Persons with Disabilities Act echoes this, requiring reasonable accommodations such as flexible work schedules or additional leave.

The Employment Act protects employees' right to medical leave, which includes conditions related to mental health. Punishing or criticizing an employee for taking the necessary time off is a violation of their rights.

The harmful statements listed above reflect ongoing stigma and ignorance surrounding psychosocial disabilities in workplaces. In Kenya, these remarks not only damage individuals' self-esteem and mental health but also violate national and international legal frameworks designed to protect the rights of persons with disabilities. By aligning workplace policies with the CRPD, Kenya's Persons with Disabilities Act, and the Constitution of Kenya, employers can foster an inclusive environment where persons with psychosocial disabilities can thrive.