What are the laws regarding employing HIV positive people in India?
Ramkumar clarifies.Workers living with HIV and AIDS are often discriminated against by their employers, supervisors or colleagues. The following are some of the different laws that give people rights at work. The Constitution gives all employees the right to be treated fairly at work. Relating to employment, the court has held that employment to an HIV+ person cannot be denied unless s/he is not otherwise qualified; is not medically fit for the specific job; or poses substantial risk to the others in the employment. If they feel they are being discriminated against what steps can they take to address it? — If there is substantial evidence that discrimination is happening because of HIV status s/he can sue the employer. — If the person has HIV and wants to work in other department where less physical effort is required then he/she should be given opportunity or else be offered VRS. — No organisation should conduct HIV screening without the employee’s written consent and without his/her
