Can I be discriminated against in the work place because of my sexuality?

Kenya does not have laws protecting workers from being fired- or not hired- because of sexual orientation, except the constitution which generally prohibits discrimination.
The HIV Prevention and Control Act, however, forbids discrimination in hiring or termination of the HIV positive.

Despite this, people continue to experience workplace discrimination based on their HIV status- sexual orientation notwithstanding. We believe that most cases can be resolved by educating both employers and employees about their legal rights and obligation. Often, neither side is aware of their status.

HIV positive gay men are particularly vulnerable. Most employers don’t want to publicly say that they fired you because you are gay, but they do use sexual orientation as a pretense for firing an HIV positive person, which is a breach of fundamental human rights.

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