Susan is a machine-operator in a factory. She tells her employer that she is HIV- positive. The employer tells Susan that she will have to leave her job, because the other workers will complain if they find out and he doesn’t want any trouble in his factory.

What Does the Law Say?

Everyone has the right to be treated equally and fairly at work. There can be no discrimination against a person because they are HIV-positive. The Labour Relations Act and the Equality Act (Promotion of Equality and Prevention of Unfair Discrimination Act, 2000) protect people living with HIV or AIDS from being discriminated against in the workplace.

An employer cannot dismiss a person because he or she is HIV-positive, even if other employees refuse to work with this person.

(See: Laws that give employees with HIV and AIDS or TB rights at work)

What Can You Do?

You can help Susan fill in the correct form for her to refer her case to the Commission for Conciliation, Mediation and Arbitration (CCMA).

(See: Solving disputes under the LRA)