Yes. The law protects confidentiality of your status. It is illegal for anyone- including your doctor, nurse- to tell your roommate, your boyfriend/girlfriend, your family, your employer, your landlord, or anyone else that you are HIV positive without your specific, written permission or consent. Moreover, the VCT centres use certain … Continue reading
* No opinion
The answer to your second question is easy: yes, it is illegal to discriminate against an employee (or prospective employee) because of HIV status. The answer to the first part of your question is no. An employer cannot require an HIV test; it’s none of their business. An employer (or prospective employer) can ask you if are able to complete the essential functions of your job with or without a reasonable accommodation but cannot ask you about your medical condition.
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.
Many people feel attracted to people of the same sex, and wonder whether this means that they are gay. For many people these feelings can be very intense and alienating. Some people who are attracted to people of the same sex are gay and go on to have gay sexual relationships. But other people who have gay feelings find that these change over time.
The National Immigration Project’s publication “HIV/AIDS and Immigrants: A manual for service providers, 2004 Edition” states that “Lawful permanent residents (those with a ‘green card’) who plan to travel outside the United States should be aware that all the inadmissibility grounds apply to them, including the HIV and public charge grounds, if they are gone for more than 180 days or have committed criminal acts in the US or abroad. Individuals in these categories should meet with an immigration advocate before they leave the United States. Continue reading
Ask your doctor to write a short note that you can attach to the application. In the short note on his/her own letterhead, the doc should make one statement:”I have not diagnosed X as having any physical impairment, nor am I treating X for any physical impairment.”
That’s the only way I know to avoid the trap of being accused of lying on an application when a different person or different doc looks at the issue later on. Continue reading
All health care workers are required to follow infection control practices and these are outlined in Policies of the institution. It does not make a difference if you have HIV, HEP C, etc. you still follow the guidelines that will help to prevent every patient from any potential infection, blood borne or otherwise. Continue reading
Yes. Every sexually active adult is at some risk of HIV infection. The workplace gives us all an opportunity to educate ourselves about HIV and AIDS, and about how transmission does and does not take place. This is why it is so important for every workplace (no matter how big or how small) to have an HIV and AIDS policy and programmer. Condoms can be easily distributed at work, and education programmers can be organized to teach staff and their families about HIV and AIDS. Continue reading
Although a person with HIV or AIDS is no risk to other employees, fear and prejudice sometimes lead to demands for for the firing of a person who is known or suspected to have HIV. It is unlawful to dismiss an employee with HIV, even if all the employees of the company refuse to work with that person. The employees discriminating against a worker living with HIV or AIDS should be disciplined for this unacceptable conduct. Continue reading