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Rights And Responsibilities
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Rights And Responsibilities As Employer Towards HIV-Positive Employees
The Constitution of SA protects the rights of HIV-positive people. It prohibits discrimination against such individuals and protects their rights.
This means that an individual’s HIV status is private and confidential and that no one may divulge his/her status without his/her consent.
Workers may not be dismissed or refused a job because they are HIV-positive. If the worker develops AIDS and is unable to perform his/her duties, the employer may not dismiss him/her based on incompetence but must adhere to the procedures and codes of good practice set out in labour legislation.
As employer you should create a safe workplace/environment and also make provision for protective clothing where necessary.
It is recommended that the employer assume that all workers are HIV positive; that all bodily fluids be handled with great care and that universal precautions will be taken to prevent HIV infection in the workplace. It is also recommended that an employer compile an HIV/AIDS policy and that all workers be informed accordingly.