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 risk1 of HIV transmission at the workplace, or that the individual is unfit to perform the required job duties, and
- The employer provides a written statement explaining that reasonable accommodation 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 termination of employment amounts to discrimination.
If you have faced discrimination, select to know more:
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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.