Workplace discrimination. Helping the spread of HIV

Achmat, Z.; Cameron, E.

South African Labour Bulletin 19(5): 8-19

1995


ISSN/ISBN: 0377-5429
PMID: 12320240
Document Number: 297962
South Africa's new Labor Relations Act represents a major advance in protecting persons with human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) from workplace discrimination. In this document, HIV and AIDS are included as conditions protected from unfair labor practices. There remains, however, a gap between a theoretical rejection of HIV-based discrimination and actual labor practices. South African experts are in general agreement that pre-employment screening for HIV is unacceptable; moreover, there is no evidence of any potential for workplace transmission. Nonetheless, such testing remains widespread, as does dismissal or demotion of employees found to be HIV-infected. Also prevalent is discrimination in terms of employment benefits such as disability, group life insurance, medical insurance, and pension and provident funds. After 13 years of the AIDS epidemic, over 90% of South African employers have failed to develop HIV/AIDS policies or workplace educational programs. There is also a need for labor unions to launch a campaign to inform job applicants and employees of their rights to non-discrimination and confidentiality. Provision of condoms at every workplace is essential to AIDS prevention. Several major South African employers have taken the lead in this area and offer mandatory AIDS training courses, free condoms, educational materials, and peer education.

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