No rejecting workers with mental illness

New bill aims to end discrimination at work, promote fair opportunities

The proposed mental health bill of 2025 will prohibit employers from refusing to hire or retain workers based solely on their mental health status.

The bill was submitted by minister of health and social services Esperance Luvindao in the parliament last week.

It states that: “A person may not discriminate directly or indirectly in any employment decision or adopt any requirement or engage in any practice which has the effect of directly or indirectly discriminating against any individual on the ground of a past or existing mental health condition.”

According to Section 97 of the bill, titled ‘Employment and the Workplace’, no person may be denied employment, promotion, or continued work solely on the grounds of a mental illness.

The section further states that employers should “make reasonable accommodations to enable persons with mental illness to work effectively and participate fully in the workplace”.

It also prohibits discrimination in terms of recruitment, promotion, or retention on the basis of mental health status.

In addition, the bill calls for workplaces to create supportive environments and to promote mental well-being among employees through inclusive policies and awareness.

Labour expert Herbert Jauch says the new law is a positive move towards protecting the rights of workers with mental illness.

“My sense is that the bill aims to address the stigma and sometimes discrimination against people with mental illness. And in that sense, it tries to open doors for them and protect them in employment,” he says.

He says the bill must be interpreted alongside the Labour Act and notes that employers still have the right to act if an employee’s condition makes it impossible for them to perform their duties.

“If the case of mental illness reaches a stage where the person can’t do his or her work, then in terms of the Labour Act, it would still be possible to replace people or change their position when they are unable to perform their work,” he says.

WORKPLACE STANDARDS STILL UPHELD

Jauch says employers must still follow due process, including holding hearings and exploring alternatives before taking such actions.

“I think one must understand that the bill cannot protect people with mental illness against retrenchment under all circumstances. They will still, like anybody else, have to be able to do their job for which they are employed,” he says.

Jauch says the new bill and the Labour Act should work hand in hand: one promoting protection and inclusion, and the other ensuring workplace performance standards are upheld.

“On the one hand, the new bill tries to protect people with mental illness further and reduce stigma. But on the other hand, according to the Labour Act, people are employed for certain functions and they must be able to do that work,” he says.

Clinical psychologist Shaun Whittaker says the new mental health bill represents a “transformative shift” in how Namibia approaches mental health – not only within the healthcare sector, but across all sectors of society, particularly the workplace.

He says the bill promotes inclusive work environments, encouraging employers to adapt roles, schedules and environments to support staff with mental health conditions.

“This could include flexible hours, remote work options, quiet spaces or modified workloads, making it easier for individuals to thrive professionally without compromising their well-being,” he says.

Whittaker says the legal protections send a strong message that mental health challenges are not a weakness or liability, and empower employees to disclose their conditions without fear of losing their jobs or facing ridicule.

“Hopefully, this new mental health bill will also enhance productivity and retention. When employees feel supported, they are more likely to stay engaged, loyal, and productive, which benefits both the individual and the organisation,” he says.

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