Business Day (Johannesburg) (09.13.07) - Monday, September 17,
During a recent public hearing on workplace discrimination by
Parliament's labor portfolio committee, the AIDS Law Project
(ALP) proposed an amendment to the Employment Equity Act that
would mandate adopting HIV workplace policies. ALP has also
argued against any easing of labor laws regarding disciplinary
action and dismissal, saying HIV-positive workers would suffer
the most.
ALP said voluntary adoption of HIV policies has had limited
success, especially with small- and medium-sized companies.
ALP has regularly received complaints about unfair dismissals,
unfair discrimination, and mismanagement of HIV-related issues
in the workplace, many coming from small companies or
individual employers. ALP said HIV-related stigma and
discrimination are an issue for many employees of small
companies.
According to ALP, many large private-sector employers have
active HIV workplace policies but very few smaller employers
do. "Many of these small employers do not appear to recognize
the need for managing HIV in the workplace," ALP said. It also
noted that in larger companies, mistrust between employees and
management, inadequate consultation and buy-in from organized
labor present obstacles to "up-take of testing and treatment
service within the workplace."