A person is legally presumed to be fit to perform their job, except when:

1. 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 
2. 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, termination of employment amounts to discrimination.^{[see related link MX of Bombay Indian Inhabitant v. ZY and Ors. (AIR 1997 Bom 406)]}