HIV/AIDS in the Workplace: Some Common Questions and Answers About Workplace Policies

Do we need an HIV specific policy or can we use a general policy on life threatening illnesses?
You can do either. Sometimes it's an advantage to have an HIV policy that highlights the unique issues faced by people with HIV, such as fear of exposure and discrimination. But including HIV in a more general chronic or life-threatening illness policy also communicates an important message to employees. It tells them that HIV is like any other illness and will be treated the same way. That message can help overcome fears and prevent discrimination.

What should the policy cover?
An effective policy should cover the following issues:

• the employee's right to work as long as health allows and right to job accommodation
• the employee's right to confidentiality
• the employee's eligibility for benefits
• reference to relevant legislation
• the manager's/supervisor's responsibilities
• the employee's responsibilities
• co-workers' responsibilities, and how the company will deal any co-worker issues (e.g., refusal to work with someone with HIV)
• the company's responsibility for educating employees about HIV and the risks of transmission
• the steps the company will take to provide a supportive environment for people with HIV or other chronic/life threatening illnesses

What legislation does the policy have to comply with?
The policy must comply with the Canadian Human Rights Act, and with any other provincial legislation governing human rights, disabilities, and workplace standards. Under the Canadian Human Rights Act, HIV is classified as a disability, so people with HIV have the same rights as anyone with a disability.

What are "reasonable accommodations" for people with HIV?
Reasonable accommodations can include:

• flexible work schedules
• time off to attend doctors' appointments
• generous leave policies
• the opportunity to shift from full to part time work, and back again
• reassignment to a less physically demanding position.

People with HIV are often on very strict, demanding drug regimens. It's important that they take their medications at certain times every day, and the workplace should be able to accommodate that.

For more information on appropriate accommodations, contact the Canadian Council on Rehabilitation and Work Job Accommodation Services (www.ccrw.org).

Should an employer or supervisor tell employees when a co-worker has HIV?
No. You are required by law to keep employees' medical information confidential.

As a supervisor, you may need to know when an employee has HIV -- because the employee may need time off to attend appointments or some accommodation to be able to continue doing his or her job. But other co-workers DO NOT NEED TO KNOW. It is not up to you to tell them.

Leave the decision about telling others to the person with HIV.

Most people know about HIV. Is employee education still necessary?
It’s true that most Canadians do know the facts about HIV. But some people still have unreasonable fears about contracting HIV or negative attitudes towards people who are infected.

According to a recent (2003) federal government survey of public knowledge and attitudes, most Canadians believe that they could be friends with someone with HIV. However, many Canadians do not think that people with HIV should be allowed to work in certain occupations, such as dentists or cooks.

While many Canadians report that they would be comfortable working with someone who had HIV, a significant proportion (30%) are still uneasy about workplace contact. About 31% said they would be uneasy shopping a grocery store if the owner had HIV. An even larger proportion (43%) would be uncomfortable having their child attend a school where one of the students had HIV.

Employers should know that the lack of comfort with HIV in the workplace is associated with age, education and economic status. People who are younger, female, have post-secondary education and higher economic status are more likely to be knowledgeable about HIV and accepting of co-workers who are ill. People who were born in Canada are also more likely to be tolerant and accepting of people with HIV - as are people who know someone with HIV.

Depending on the demographics of your workforce, you may have to do more education with employees in order to create a supportive work environment for staff who are ill. If your workers are older or not university educated, they may need more information and more education sessions. Don't assume that just because you are accepting of people with HIV, all your employees will be too - although you can set an example for employees in the way you treat all employees with a disability.

Education works. One of the most effective ways to educate employees about HIV is to incorporate it into a presentation on your HIV or life-threatening illnesses policy or into other training on the rights of people with disabilities or workplace health and safety.

What do employees need to know?
They should know:

• what HIV infection and AIDS are
• how the virus is transmitted
• the risks in the workplace
• how HIV affects people who are infected
• the rights of people who are infected
• the company’s policy
• what they can do to help co-workers who are infected (e.g., be understanding and supportive).

Because anyone can get HIV, it may also help to give employees access to general information so they can assess their own risk and decide whether they should be tested. More information on HIV and transmission is avaiable on the Canadian AIDS Society Website, www.cdnaids.ca.

Are there resources to help with employee education?
Yes. You don’t have to do the education yourself. Community-based AIDS service organizations across Canada have resources and materials, and are trained to provide workplace education. They will work with you to develop a program for your workplace, or they will come in and present their own program. These services are available free. Contact CAS or check out the resource list for the organization closest to you.

What should an employer do if employees react negatively to a co-worker with HIV?
If an employee discloses to co-workers that he or she has HIV and employees react inappropriately, you may have to offer some special education or counselling, and/or take other steps (as set out in your policy) to protect the ill employee's rights and create a supportive work environment. Community-based AIDS service organisations may also be able to support you in this effort.

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!