HIV/AIDS in the Workplace: The CAS Guide to Creating an HIV-Friendly Workplace Policy

Company policies set the tone for an organization. They help define issues, and guide how managers and employees should act. They are an important first step in creating HIV-friendly workplaces.

Whether you decide to create an HIV specific policy or incorporate HIV into a chronic disease policy, your policy should include the following elements:

1. A clear statement about the company’s position on HIV or other chronic illnesses.

For example: [name of company] does not discriminate against employees or applicants with chronic or life-threatening illnesses, including human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS).

2. Some recognition of the stigma associated with HIV.

For example: The company recognizes that, because of the stigma associated with HIV, it can create challenges in the workplace. To safeguard the rights of people living with HIV and allay concerns that other employees may have, we have developed the following policy guidelines for handling situations related to HIV/AIDS.

3. A commitment to a safe and healthy work environment

For example: [name of company] is committed to maintaining a safe and healthy work environment for all employees.

4. A statement about the risks of HIV transmission in the workplace and the workplace procedures to reduce risks

In most workplaces, there is no risk of transmission through work activities and the company policy should reinforce that (e.g., HIV is not transmitted through casual contact, so there is no risk of transmission in the workplace).

However, in jobs or workplaces where there is risk of contact with blood (e.g., hospitals, other health care settings, police, emergency service workers), there may be some risks which should be addressed through proper infection control procedures. In most cases, the risk is not from exposure to co-workers but to clients. These workplaces should be aware of the risks and already have protocols in place that are consistent across their industries. (If you need more information or assistance in assessing the risk in your workplace, contact CAS or your local community-based AIDS organizations - see Workplace Resource List.)

5. A statement about the employees' right to confidentiality.

For example: [the company] respects employees' right to confidentiality in the workplace. Information about an employee's medical condition is private and will be kept confidential. In most cases, only managers directly involved in providing reasonable accommodation or arranging benefits may need to know an employee's health status, and they are required to keep the information confidential. Anyone else who acquires such information, even if told directly by the employee, should keep the information confidential and not discuss it or share it with others.

6. An acknowledgement of the needs of employees with HIV and their right to be accommodated in the workplace, and to be treated like any other employee with a life-threatening illness

For example: [name of company] recognizes that, as a result of their illness, employees with HIV or AIDS may have special needs that should be accommodated in the workplace. [name of company] will treat HIV infection and AIDS like other illnesses in terms of employee policies and benefits, health and life insurance, disability benefits, and leaves of absence. Employees living with HIV or AIDS will be treated like employees with other disabling conditions: with compassion and understanding.

The company will provide reasonable accommodations for employees and applicants with disabilities who are qualified to perform the essential functions of their positions.

7. A statement about the disabled employees' and the employer's responsibility for accommodation.

For example: Employees may continue to work or return to work after a period of disability as long as they are able to perform their duties safely and in accordance with performance standards. Disabled employees are responsible for requesting an accommodation if required. The company will respond to employees' changing health status by providing reasonable accommodations. Supervisors and managers are encouraged to contact the Human Resources Department for assistance.

Note: It may be helpful for supervisors and managers to list examples of reasonable accommodation as long as the list is not prescriptive and does not keep the company from adopting new accommodations that may be developed.

8. A statement about employee education

Employers and workplaces can play a valuable role in helping to educate people about the risks associated with many illnesses, and to prevent the spread of infectious diseases, such as HIV and hepatitis C, as well as reduce the risks of chronic life-style related illnesses, such as heart disease and stroke. This education is best provided as a routine part of ongoing employee health programs - rather than at the time when an employee has been diagnosed with HIV.

For example: Recognizing the need for all employees to be informed about health and safety issues in the workplace, [the company] will provide education to employees about chronic or life-threatening illnesses.

9. A statement about the company's expectations of employees

For example: Co-workers are expected to continue to maintain effective working relationships with any employee with a chronic, life threatening disease, including HIV.

10. A statement about how the company will deal with any employee concerns.

Many people are still uneasy about working with someone with HIV, and many people with HIV are uneasy about how they will be accepted in the workplace. Employees should feel that they can talk about any concerns they may have, and the company policy should reinforce that.

For example: [the company] maintains an "open door" policy on all employee concerns. Employees living with HIV and employees concerned about working with someone with HIV or have any other concerns are encouraged to contact their supervisor, office administrator, department director, employee relations manager or other appropriate manager to discuss their concerns. The supervisor/manager will take reasonable steps to address any concerns, including providing education, counselling and reasonable accommodation, and referring them to community-based HIV/AIDS organizations for more information and support.

11. A statement about how the company will respond to employees who respond inappropriately to a co-worker with HIV

This statement is extremely important because it provides guidance for supervisors and managers in dealing with difficult situations, and it should state explicitly the consequences when employees do not respect the company's policy.

For example: Co-workers who refuse to work with, withhold services from, harass or otherwise discriminate against an employee with HIV infection or AIDS will be subject to the same disciplinary procedures that apply to other policy violations.

Introduction
Why Do Workplaces Need a Policy on HIV? Making the Case
HIV/AIDS at Work: Some Common Questions and Answers About Workplace Policies
Let's Talk: How to Communicate with Managers and Employees

Need help developing your policy? Click here to find the nearest CAS-member AIDS service organization to you!