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,1
- A safe working environment including universal precautions,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 a HIV and AIDS Policy for Establishments. The policy should cover non-discrimination, confidentiality, grievance handling, and support for employees living with HIV.
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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.