Disclosure at Work

One of the most common questions neurodivergent job seekers and employees have is: do I have to tell my employer about my diagnosis? The short answer is no — but there are situations where disclosing can work in your favour.

No legal obligation to disclose

South African law does not require you to disclose a neurodivergent diagnosis when applying for a job. An employer cannot legally ask you to declare a disability on an application form as a condition of being considered. If they do, that may itself constitute unfair discrimination under the Employment Equity Act.

When disclosure makes sense

Disclosing is worth considering when you need accommodations to do your job effectively. Without disclosure, you cannot formally request reasonable accommodation under the EEA — because the employer needs to know about your needs in order to meet them.

Consider disclosing if:

• You need specific changes to your work environment or schedule to perform well
• You want the legal protection of the EEA's reasonable accommodation provisions
• Your employer has a disability inclusion program or support structure

How to disclose

There is no single right way, but these steps reduce the risk of poor outcomes:

1. Choose the right person. HR is usually more appropriate than your direct line manager for the initial disclosure — HR has a confidentiality obligation. You can decide later whether to involve your manager.
2. Put it in writing. Follow up any verbal conversation with an email so there is a written record. State clearly what you are disclosing and what accommodation you are requesting.
3. Be specific about what you need. “I have ADHD and I work best with written briefs and scheduled check-ins rather than open-ended instructions” is more useful than a diagnosis label alone.
4. Know your rights before you disclose. Read the Employment Equity Act article on this site so you understand what protections apply once you disclose.

What employers cannot do after you disclose

• Use the disclosure as a reason to dismiss you or reduce your responsibilities
• Share the information with colleagues without your consent
• Refuse your reasonable accommodation request without demonstrating unjustifiable hardship
• Treat you less favourably than colleagues who have not disclosed a disability