The Workplace: Differential Treatment

Pages57-59

Page 57

The Issue

Employees living with HIV are often subjected to differential treatment in the workplace by their employers, coworkers, unions, or clients. Employers discriminate against HIV-positive employees by providing them less opportunities within the workplace-for increased wages, promotions, assignments, insurance, pensions, health benefits, etc.-compared with other employees. Differential treatment prevails within the workplace because employers, coworkers, and others may misunderstand and fear an HIV-positive employee and ostracize him or her as contagious or immoral. Employers may have a misperception that HIV-positive employees are less productive than other employees, and colleagues may marginalize HIV-positive employees through threats, ridicule, and malicious gossip. Employers who do not protect HIV-positive employees from stigmatization by colleagues, clients, and others engage in discrimination by allowing this adverse treatment to continue. Along with other forms of workplace discrimination, such as refusing to hire applicants who are HIV-positive or firing employees due to their HIV status (see Topics 2.3, 2.4), differential treatment discriminates against employees with HIV because they are not afforded the same treatment, consideration, and respect as other employees.

In addition, employers may discriminate against HIV-positive employees by not providing them with certain types of beneficial treatment based on their needs. In order to facilitate the workplace performance of HIV-positive employees, an employer may need to provide reasonable accommodations for their health needs.

Legal and Policy Considerations

Laws that protect the rights of employees living with HIV exist in many countries, and these laws frequently include provisions protecting employees from differential treatment in the workplace based upon their HIV status. These protections may be stated generally (HIV status may not be used as a justification to treat workers differently than similarly situated workers) or may apply specifically to particular areas of the workplace setting (e.g., to fairness in promotions or access to benefits). In countries without specific workplace antidiscrimination laws, general antidiscrimination provisions may prevent differential treatment based upon HIV status. Even in the absence of legal requirements or government...

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