What rights do I have at my workplace if I am a person with HIV?
All persons with HIV have the right to:
- Non-discrimination in employment and occupation
- Reasonable accommodation[see note 1]
- A safe working environment including universal precautions,[see note 2] post-exposure prophylaxis (PEP), and medication to prevent the spread of HIV
- Confidentiality of the person's HIV status, and
- A grievance redressal mechanism through a Complaints Officer.
All workplaces with 100 or more people and all healthcare establishments with 20 or more are required to have an HIV and AIDS Policy for Establishments. The policy should cover non-discrimination, confidentiality, grievance handling, and support for employees living with HIV.[see related link]
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Notes
1
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.
2
Universal precautions are control measures that prevent exposure to or reduce the risk of HIV transmission.