When AIDS first appeared in the early 1980s, many people erroneously feared that the HIV virus was communicated in ways similar to the flu virus, through being in close proximity to an HIV positive person. Later, when it was found out that the HIV virus is transmitted to adults primarily through unprotected sex and sharing needles during recreational drug use, the information lead to further stigmatization. Though there are many guidelines to protect people with HIV/AIDS, there is no denying that many workplaces continue to discriminate against and isolate HIV positive people.
"Everyone has ambitions and everyone wants to excel in their chosen fields and a disease should never be a reason for a person to not achieve what he/she is capable of," says Karthik Kamat, HR manager at an IT firm. He says that he is yet to come across an HIV positive person, and adds, "But I would never discriminate on those grounds." Karthik's organization has strict policies and there is no special treatment or different rules for HIV positive employees. "According to the company policies, HIV positive employees will be governed by the same contractual obligations as all other employees. Also, it's up to the said person to disclose the information to his/her team."
Prema Ramanath works in the administration department of a KPO and says that even her organization doesn't discriminate. "Such information is confidential and is not disclosed to anyone apart from the employer. We also have HIV/AIDS awareness training programmes for the employees and regular health check-ups." She says that people with HIV or AIDS have the legal right to confidentiality and privacy concerning their health and HIV status, and all the medical information regarding employees with HIV/AIDS is kept strictly confidential.
"According to the Constitution of India, Articles 14 and 16, it is wrong and illegal for any organization to discriminate or not hire a person on the grounds of him/her suffering from HIV/AIDS. Every individual has a right to equal treatment," explains K Abhijith, a city-based lawyer. He adds that no person can be deprived of their livelihood except by procedure established by law and that the procedure must be just, fair and reasonable. If a person is fit to perform his job functions and does not pose a substantial risk to fellow workers, he cannot be denied the job. The law also states that a public sector employer cannot deny a person employment solely because he is HIV positive.
However, there are organizations that discriminate and discriminatory practices include refusing to hire or promote HIV positive workers and firing current HIV positive employees. Varsha Nair, a psychologist who has worked with HIV/AIDS patients previously, says, "Due to some employers' mistaken belief that HIV-positive workers will become seriously ill soon after being hired, causing high health care costs for their employers, they are not hired. Even today, some people believe that shaking hands or sharing a cubicle with an HIV positive co-worker will cause others to catch the HIV virus."
Varsha says that even major corporate do not know the difference between HIV and AIDS and have the same guidelines for an HIV positive person and an AIDS person. Wilson Prabu, who works for the cause of empowering HIV positive women and children, says that mostly people affected by this disease don't tell their employer about their condition because they fear they'll not get the job. He adds, "Though people are now sensitized towards the issue, we still have a long way to go."
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