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Aids in the Workplace: Employees
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To expand and strengthen AIDS responses in the world of work, the ILO Governing Body decided in March 2007 to develop a new labour standard on HIV/AIDS. In preparation, the Office assembled information for an overview 'law and practice' report, including the most comprehensive compilation to date of national laws and policies on HIV/AIDS, covering 170 countries. The report and its accompanying questionnaire have been sent to the ILO's member States for consultation with its constituents on the form and content of the proposed standard. Governments are to reply to the questionnaire in consultation with employers and workers.
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"AIDS Issues in the Workplace is the most comprehensive and readable book I have seen on this subject." - Joseph F. Meade Employee Assistance Program Administrator Department of the Treasury Internal Revenue Service
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Keep in mind that you can't segregate or penalize individuals with AIDS, or you risk running afoul of civil rights laws or the Americans with Disabilities Act. You may feel that you are caught between two opposing forces — employees who are demanding protection and your inability to react as employees want.
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Employees with HIV infection or AIDS who continue working will be provided with reasonable accommodation in the same manner as other qualified individuals that need special accommodation. Employees who are incapable of performing their duties due to illness or who have medical appointments may be granted sick leave, annual leave, or leave without pay to the extent they have accrued such leave under their terms of service, or as defined in the employee handbook. Supervisors shall seek ways to accommodate such employees through measures such as alternative work circumstances or duties, as possible, facilitating access to health services outside the workplace, and allowing time off (using sick leave) to attend clinics or counseling.
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"Drawing upon her own rich experience in the field, Dr. Masi shows how, to date, many Employee Assistance Programs have been slow to accept the pivotal role which they can play in controlling the spread of AIDS...." - Dr. F. James Seaman Principal KPMG Peat Marwick
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In more specific terms, employers and coworkers should strive to approach HIV and AIDS as illnesses, not moral issues. One of the most important concepts employers can convey is that there is no known risk of HIV transmission to coworkers, clients, or consumers from contact in most industries. Even in the riskiest occupational category, involving health care workers, the CDC had documented only around 40 cases of HIV contraction following on-the-job exposures as of 1997. Conversely, there has been only one confirmed instance of patients being infected by a health care worker; this involved HIV transmission from an infected dentist to six patients. Investigations by the CDC of more than 22,000 patients of 63 HIV-infected doctors and dentists identified no other cases of this type of transmission.
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