Can my employer force me to reveal my HIV status?
The law is clear- no person with HIV or AIDS may be discriminated against with any employment policy or practices. This includes selection criteria during employment interviews, jobs advertisements etc, appointments etc. Your employment may also not be terminated based on your status. Employees have a right to privacy.
An employer or prospective employer may not insist on you revealing your status or require you to undergo testing. A health care professional may also not reveal your status to your employer without your consent. The only incidence where this will be permissible is if and where the Labour Court declared that such testing is in accordance with the stipulations contained in Section 7(2) of the Employment Equity Act.
Should your HIV status influence your ability to work, a fair procedure needs to be followed and only thereafter, your services may be terminated.
What can I do if I believe that I am being treated unfairly?
You may approach a
Bargaining Council or the Commission for Conciliation, Mediation and Arbitration (CCMA).
You can approach a legal practitioner if you require assistance.