December 11, 2011
Better work rights for PLHIV
By AUDREY EDWARDS
Star
World AIDS Day came and went on Dec 1. Malaysia is among many countries that have, for decades, combated the virus which affects even the job prospects of those who live with it.
HIS potential employers, relates Nicholas (not his real name), sounded enthusiastic at the job interview. Until it came to the topic of the pre-entry medical check-up.
Not knowing the extent of the tests that would be done, the 30-something-year-old decided to disclose his HIV status.
“I decided to tell them about it because I didn't think they would have a problem with it. But I could see their facial expressions change when I told them. I knew then that my chances of getting the job were affected. They told me that they would have to obtain the opinion of their panel of doctors,” he says.
He did not get the job.
“They didn't tell me why but I felt it was because of my status,” Nicholas says. “I was being honest about it.”
Diagnosed with HIV in 2009, Nicholas receives free medication and has found employment elsewhere.
“But the rejection has left me feeling inadequate,” he says, adding that he is in “perfect health”.
“It is a lesson learnt. Next time, I am not going to say anything.”
Dino (not his real name) also found himself in the same spot after he revealed his HIV status to his employers.
This was after the Human Resources Department at the government-linked company (GLC) he worked for started questioning him on why he needed regular medical check-ups.
At that time, HIV medication was not yet subsidised by the Health Ministry and it cost him about RM2,000 monthly. He was told that his company's health insurance coverage did not extend to medical treatment for HIV/AIDS.
Dino, who was bonded to the company for a scholarship he had received from it, was then halfway through his bond but was soon “graciously released” after his disclosure.
“In a way, I was disappointed since I wanted to stay on. Several of my peers, despite holding scholarships from this GLC, decided not to work for it, or worse, never even returned to Malaysia. Here I was, serving the company and my country, and I was turned away because of my health,” he says.
He subsequently went to work overseas but returned a few years later and is now working with a multinational company that has a sound HIV policy in place.
Dino says he does not divulge his HIV-status in his professional life as he does not believe it has any bearing on his capacity to work well.
“I do believe, however, that a lot of people still have misconceptions about HIV and will treat me differently if they find out,” he says.
Nicholas and Dino are among people living with HIV/AIDS (PLHIV) who have purportedly faced discrimination at the workplace simply due to their HIV status. Their claims, however, can be debated as they might have been turned away for reasons other than their status.
From 1986 to September 2011, Health Ministry statistics show there have been 93,827 HIV infections. A total of 2,465 new infections were detected for the first nine months of this year.
From 1986 to this September, some 86,622 HIV cases involved individuals aged between 20 and 49, the prime working age.
Right to employment
“But what are they (PLHIV) going to do? Bite everyone at the workplace?” asks infectious diseases specialist and Malaysian AIDS Foundation (MAF) chairman Prof Dr Adeeba Kamarulzaman.
She argues that with proper treatment and medication, PLHIV can lead normal lives with minimal risk of transmission.
“There is no reason for them not to be employed other than discrimination and because people are ill-informed,” she adds.
Dr Adeeba also says that doctors need to update their knowledge about HIV/AIDS in the event that employers consult them.
In addition, insurance companies should be educated on the need to have a policy that covers PLHIV, such as what is available in South Africa, she says.
Dr Adeeba adds that the Code of Practice on Prevention and Management of HIV/AIDS at the Workplace under the Human Resources Ministry's Department of Occupational Safety and Health, which was drawn up in 2001, needs to be renewed to suit current times.
She also suggests that the Government enact non-discriminatory laws that will help safeguard the rights of PLHIV at the workplace.
Former Malaysian AIDS Council executive director Bakhtiar Talhah supports the call, saying it will protect PLHIV from discrimination at the workplace. This, he says, is key to addressing the issue, in addition to providing knowledge and education for the public.
“There are many examples in several Commonwealth countries. Why shouldn't Malaysia follow suit?
“We have free and subsidised HIV medication at government hospitals now. Malaysians living with HIV are healthy and productive. Let them contribute to the prosperity and development of the nation.”
He opines that multinationals with good HIV policies could lead the way for other employers to reduce discrimination at the workplace.
“We hardly hear of good policies in place. I think it is easier for the large Malaysian companies and GLCs to adopt and adapt these policies first, before we can expect SMEs to follow suit,” he says.
“Countries such as Thailand and Australia have strong business coalitions that specifically deal with HIV issues at the workplace. Malaysia can learn a lot from our neighbours in this respect.”
A policy that respects
MAF honorary secretary Datin Mina Cheah-Foong stresses that all employees are covered by their company's insurance scheme and are not required to inform the panel doctors if they have an illness, including HIV.
“There should be no discrimination,” emphasises Cheah-Foong, who is also managing director of Rampai-Niaga Sdn Bhd, franchise holder for The Body Shop in Malaysia. “Just treat it and that's it.”
She believes that having a company policy that respects one's rights at the workplace, whether it involves sexual orientation, political beliefs or HIV status, creates a healthy work environment.
Cheah-Foong explains that while the question on whether a person has a pre-existing illness is common during recruitment, this is merely for insurance purposes.
“It is all about respecting others. You are hired to do a job,” she says.
If at any time an employee falls ill due to any sickness, she adds, the processes that would need to be looked at include re-assigning, redeploying or ultimately being medically boarded out.
Malaysian Employers Federation executive director Shamsuddin Bardan points out that there have been instances when an employee chose to resign upon knowing their diagnosis, not because employers discriminated against them or are reluctant to employ PLHIV.
“They could be depressed or shocked,” he opines, adding that the nature of the disease and stigma that surrounds it makes it a taboo subject at the office.
He believes that the code of practice is a practical guide for both employer and employee but more public awareness programmes need to be carried out to educate people about HIV/AIDS.
This, he says, needs to be done before considering whether laws are necessary.
“The code is still relevant, and what is needed is more effort to publicise it.”
Better work rights for PLHIV
By AUDREY EDWARDS
Star
World AIDS Day came and went on Dec 1. Malaysia is among many countries that have, for decades, combated the virus which affects even the job prospects of those who live with it.
HIS potential employers, relates Nicholas (not his real name), sounded enthusiastic at the job interview. Until it came to the topic of the pre-entry medical check-up.
Not knowing the extent of the tests that would be done, the 30-something-year-old decided to disclose his HIV status.
“I decided to tell them about it because I didn't think they would have a problem with it. But I could see their facial expressions change when I told them. I knew then that my chances of getting the job were affected. They told me that they would have to obtain the opinion of their panel of doctors,” he says.
He did not get the job.
“They didn't tell me why but I felt it was because of my status,” Nicholas says. “I was being honest about it.”
Diagnosed with HIV in 2009, Nicholas receives free medication and has found employment elsewhere.
“But the rejection has left me feeling inadequate,” he says, adding that he is in “perfect health”.
“It is a lesson learnt. Next time, I am not going to say anything.”
Dino (not his real name) also found himself in the same spot after he revealed his HIV status to his employers.
This was after the Human Resources Department at the government-linked company (GLC) he worked for started questioning him on why he needed regular medical check-ups.
At that time, HIV medication was not yet subsidised by the Health Ministry and it cost him about RM2,000 monthly. He was told that his company's health insurance coverage did not extend to medical treatment for HIV/AIDS.
Dino, who was bonded to the company for a scholarship he had received from it, was then halfway through his bond but was soon “graciously released” after his disclosure.
“In a way, I was disappointed since I wanted to stay on. Several of my peers, despite holding scholarships from this GLC, decided not to work for it, or worse, never even returned to Malaysia. Here I was, serving the company and my country, and I was turned away because of my health,” he says.
He subsequently went to work overseas but returned a few years later and is now working with a multinational company that has a sound HIV policy in place.
Dino says he does not divulge his HIV-status in his professional life as he does not believe it has any bearing on his capacity to work well.
“I do believe, however, that a lot of people still have misconceptions about HIV and will treat me differently if they find out,” he says.
Nicholas and Dino are among people living with HIV/AIDS (PLHIV) who have purportedly faced discrimination at the workplace simply due to their HIV status. Their claims, however, can be debated as they might have been turned away for reasons other than their status.
From 1986 to September 2011, Health Ministry statistics show there have been 93,827 HIV infections. A total of 2,465 new infections were detected for the first nine months of this year.
From 1986 to this September, some 86,622 HIV cases involved individuals aged between 20 and 49, the prime working age.
Right to employment
“But what are they (PLHIV) going to do? Bite everyone at the workplace?” asks infectious diseases specialist and Malaysian AIDS Foundation (MAF) chairman Prof Dr Adeeba Kamarulzaman.
She argues that with proper treatment and medication, PLHIV can lead normal lives with minimal risk of transmission.
“There is no reason for them not to be employed other than discrimination and because people are ill-informed,” she adds.
Dr Adeeba also says that doctors need to update their knowledge about HIV/AIDS in the event that employers consult them.
In addition, insurance companies should be educated on the need to have a policy that covers PLHIV, such as what is available in South Africa, she says.
Dr Adeeba adds that the Code of Practice on Prevention and Management of HIV/AIDS at the Workplace under the Human Resources Ministry's Department of Occupational Safety and Health, which was drawn up in 2001, needs to be renewed to suit current times.
She also suggests that the Government enact non-discriminatory laws that will help safeguard the rights of PLHIV at the workplace.
Former Malaysian AIDS Council executive director Bakhtiar Talhah supports the call, saying it will protect PLHIV from discrimination at the workplace. This, he says, is key to addressing the issue, in addition to providing knowledge and education for the public.
“There are many examples in several Commonwealth countries. Why shouldn't Malaysia follow suit?
“We have free and subsidised HIV medication at government hospitals now. Malaysians living with HIV are healthy and productive. Let them contribute to the prosperity and development of the nation.”
He opines that multinationals with good HIV policies could lead the way for other employers to reduce discrimination at the workplace.
“We hardly hear of good policies in place. I think it is easier for the large Malaysian companies and GLCs to adopt and adapt these policies first, before we can expect SMEs to follow suit,” he says.
“Countries such as Thailand and Australia have strong business coalitions that specifically deal with HIV issues at the workplace. Malaysia can learn a lot from our neighbours in this respect.”
A policy that respects
MAF honorary secretary Datin Mina Cheah-Foong stresses that all employees are covered by their company's insurance scheme and are not required to inform the panel doctors if they have an illness, including HIV.
“There should be no discrimination,” emphasises Cheah-Foong, who is also managing director of Rampai-Niaga Sdn Bhd, franchise holder for The Body Shop in Malaysia. “Just treat it and that's it.”
She believes that having a company policy that respects one's rights at the workplace, whether it involves sexual orientation, political beliefs or HIV status, creates a healthy work environment.
Cheah-Foong explains that while the question on whether a person has a pre-existing illness is common during recruitment, this is merely for insurance purposes.
“It is all about respecting others. You are hired to do a job,” she says.
If at any time an employee falls ill due to any sickness, she adds, the processes that would need to be looked at include re-assigning, redeploying or ultimately being medically boarded out.
Malaysian Employers Federation executive director Shamsuddin Bardan points out that there have been instances when an employee chose to resign upon knowing their diagnosis, not because employers discriminated against them or are reluctant to employ PLHIV.
“They could be depressed or shocked,” he opines, adding that the nature of the disease and stigma that surrounds it makes it a taboo subject at the office.
He believes that the code of practice is a practical guide for both employer and employee but more public awareness programmes need to be carried out to educate people about HIV/AIDS.
This, he says, needs to be done before considering whether laws are necessary.
“The code is still relevant, and what is needed is more effort to publicise it.”
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