HIV AND THE WORKPLACE; THE KENYAN REALITY.
What do you do when a medical test for employment includes a HIV test? What do you do when your employer asks you to undergo a HIV test? Does your employer have the right to do that? In employment forms, are you obligated to reveal your HIV status? These and related questions are a representation of the workplaces that we are at every day. HIV- related conversations are more common but has the stigma really gone away? Are we really treated fairly regardless of our real or perceived HIV status? On 18th March 2008, The High Court ruled that in the case of J. A. O. Vs Home Park Caterers & Metropolitan Hospital HCC No. 38 of 2003, the testing of an employee or prospective employee for HIV without his or her consent constitutes an invasion of her right to privacy. That disclosure of an employee’s HIV status to the employer without her consent is unlawful. That termination of an employee on the basis of his/her HIV status only is unlawful. The case was filed by a waitress ...