The Ghana AIDS Commission (GAC) has emphasized that HIV status must not be a basis for denying employment to anyone. According to Dr. Kharmacelle Prosper Akanbong, Director-General of the Commission, the Ghana AIDS Commission Act, 2016 (Act 938) prohibits discrimination against people living with HIV in the workplace. This law ensures that individuals are not unfairly excluded from job opportunities due to their HIV status.
Under Section 32 of Act 938, a person's actual or perceived HIV status cannot be a reason to refuse employment or terminate employment. The only exception is when an employer can demonstrate that a particular job requires an employee to be in a specific state of health or medical condition. The law prioritizes fitness for work as the relevant standard in employment-related matters, ensuring that individuals are assessed based on their ability to perform job requirements.
Dr. Akanbong stressed that being HIV-positive does not automatically imply incapability of working, especially when individuals are receiving treatment and are in good health. He noted that many people living with HIV are healthier than those with other medical conditions, such as diabetes or hypertension. Employers should focus on whether an individual can physically perform the duties required for a particular job, rather than their HIV status.
The law also prohibits HIV testing for recruitment, promotion, or any other employment-related purpose. Dr. Akanbong cautioned against relying on a single HIV test to determine infection, highlighting that Ghana's testing protocol requires a three-stage testing process to confirm an individual's HIV status. Even after confirmation, the result should not be used as grounds to deny employment.
The Ghana AIDS Commission's stance is part of broader efforts to address stigma and discrimination against people living with HIV. Act 938 extends protection against workplace discrimination not only to individuals living with HIV but also to their partners and close relatives. Employers are required to take disciplinary action against employees who discriminate against coworkers based on actual or perceived HIV status.
The Commission continues to advocate for greater awareness and acceptance of people living with HIV, as stigma and discrimination can discourage individuals from seeking testing, treatment, and support services. By promoting understanding and inclusivity, the Commission aims to encourage more people to access necessary services and support.
The Ghana AIDS Commission has expressed concern over instances where individuals have been denied employment due to their HIV status. For example, 1,300 applicants were reportedly denied security jobs due to their HIV status. The Commission urges employers to adhere to the law and respect the rights of individuals living with HIV, ensuring equal opportunities for all.
Key points
- HIV status cannot be used as a basis to deny employment in Ghana.
- The Ghana AIDS Commission Act, 2016 (Act 938) prohibits discrimination against people living with HIV in the workplace.
- Employers must prioritize fitness for work as the relevant standard in employment-related matters.
