Can I be denied a job because of my HIV-positive status?
A person is legally presumed to be fit to perform their job, except when:
- A qualified and independent doctor provides a written certificate stating that the individual poses a significant risk of HIV transmission at the workplace, [see note 1] or that the individual is unfit to perform the required job duties, and
- The employer provides a written statement explaining that reasonable accommodation[see note 2] cannot be made due to administrative or financial difficulties.
If the employer is unable to provide the certificate and the written statement, refusal to hire or employ amounts to discrimination.[see related link]
If you have faced discrimination, select to know more:
Notes
1
A significant risk of transmitting HIV means a real and serious possibility of HIV being transmitted from one person to another. HIV can be transmitted through bodily fluids such as blood, blood products, semen, vaginal secretions, breast milk.
2
A reasonable accommodation is a minor adjustments to a job or work that enable an HIV-positive person who is otherwise qualified to enjoy equal benefits or perform the essential functions of the job. It is the employer's obligation to consider this before resorting to termination.