PETALING JAYA: Dismissal of an employee living with HIV/AIDS who has been declared fit to work by medical experts constitutes workplace discrimination, says the Malaysian Employers Federation (MEF).
MEF president Datuk Dr Syed Hussain Syed Husman said employers should avoid such actions and that any disciplinary measures leading to dismissal should be based on objective reasons related to job performance or misconduct.
“MEF upholds the view that people living with HIV (PLHIV) have equal rights to employment and should be given opportunities based on merit and performance, much like any other group,” he said when contacted.
However, Syed Hussain acknowledged that certain job roles might pose safety and health risks for PLHIV.
Citing the Code of Practice on Prevention and Management of HIV/AIDS at the Workplace 2001, published by the Department of Occupational Safety and Health (DOSH), he said any job-related distinctions based on inherent job requirements are not considered discriminatory.
“Currently, Malaysia lacks explicit laws that bar employers from dismissing employees with HIV.
“Employers are advised to adhere to the provisions of the Code of Practice on managing HIV/AIDS in the workplace,” he said.
“Notably, under Section 69F of the Employment Act 1955, the Labour director-general has the authority to investigate and resolve disputes related to employment discrimination and can issue orders based on their findings.”
To address workplace discrimination against PLHIV, Syed Hussain said it requires a multifaceted approach, highlighting the importance of implementing various strategies and adhering to key principles outlined in the Code of Practice.
He said these measures include developing comprehensive HIV/AIDS policies and programmes, conducting education, training and awareness initiatives, maintaining confidentiality and privacy, as well as providing counselling and social support.
“By implementing these key principles, employers will be able to work towards reducing stigma and discrimination, creating a more inclusive and supportive environment for people living with HIV/AIDS,” Syed Hussain added.
His comments came following an increase in reports of workplace discrimination incidents against PLHIV over the past five years, with the first half of this year recording 66 cases – more than doubling previous yearly totals.
