HIV status cannot be used to deny employment under Ghana law – Ghana AIDS Commission

The Ghana AIDS Commission (GAC) has reaffirmed that an individual's HIV status cannot be utilized as justification for denying someone employment. Dr Kharmacelle Prosper Akanbong, Director-General of the GAC, emphasized this stance during a conversation on JoyNews' Konsulting Room 5. He stated that the Ghana AIDS Commission Act, 2016 (Act 938), prohibits workplace discrimination against people living with HIV.

Dr Akanbong reiterated that employers cannot reject a job applicant solely based on their HIV positive status. "There shall be no reason on which somebody shall be denied any form of employment based on your HIV status," he emphasized.

Section 32 of Act 938 stipulates that a person's HIV status, whether actual or perceived, cannot be a reason for refusing employment or terminating employment, except where an employer can demonstrate that a particular job demands an employee be in a specific health state. The law posits fitness for work as the standard in employment-related matters.

Dr Akanbong clarified that being HIV positive does not inherently mean a person is unable to work, especially if the individual is on treatment and is in good health. He pointed out that many HIV-positive individuals are healthier than those with conditions like diabetes or hypertension. Employers should evaluate if an individual can perform the job duties in question, rather than automatically disqualifying someone based on HIV status.

The law prohibits HIV testing for recruitment purposes, stressing that being HIV positive doesn't automatically imply incapacity. Employers should focus on an individual's physical capability to perform job duties. The GAC also cautioned against using a single HIV test to determine infection status, noting that Ghana's testing protocol involves three stages before confirming HIV-positive status. Even after confirmation, the result should not be used as grounds to deny employment.

The Commission's position is part of wider efforts to combat stigma and discrimination against people living with HIV. Under Act 938, protection extends to a person's partner and close relatives. The law mandates disciplinary action against employees who discriminate against co-workers based on HIV status. The GAC continues advocating for greater awareness and acceptance of people living with HIV, as stigma and discrimination can deter people from seeking testing, treatment, and support services.