HIV positive staff get negative treatment at the workplace

HIV positives are getting a raw deal from Indian corporates. In the recent past at least a dozen complaints of discrimination at workplace on the basis of the employee’s HIV status have been registered at the Mumbai District AIDS Control Society (MDACS).

The complaints mainly pertain to various discriminatory measures adopted against these HIV positives even from multinationals that are governed by global policies.

“This is unfortunate keeping in mind the National AIDS Control Society (NACO) guidelines of confidentiality and fair practices,” claimed Anjana Palve, MDACS coordinator of workplace intervention.

These complaints were made to MDACS. However, the body could do little but to guide them to seek legal recourse. “They are not obliged to listen to our directive and do things,” she said. This comes immediately after International Labour Organisation started working towards intervention in the workplace along with MDACS.

The complaints ranged from termination of services to various kinds of harassment, stigmatisation, and discrimination. “On the other hand we have an organisation like the Brihanmumbai Electric Supply and Transport (BEST) that has prepared a policy document to cover all the medical expenses of their HIV positive employees,” she added.

BEST, right from recruitment, does not discriminate on the basis of HIV status and covers the medical expenses including testing. “We started of the welfare activity much before any corporate could even think of it. We cover costs of all the tests along with anti-retroviral drugs and closely monitor each case. When required, they are removed from duty,” said Omprakash Ojha, chief medical officer, BEST. For private companies it is not mandatory to have a policy or as MDACS for help. “Though some private companies invite us for conducting training and awareness programmes, they are not many in number. The rest are not bothered. With the flurry of complaints, we must devise a strategy to counter it,” Palve claimed.

Another problem remains medical reimbursement in case of HIV patients. “Most organisations would not accept the medical expenses of HIV treatment, especially for treatment and ARVs,” claimed a senior MDACS official. With insurance companies also giving a cold shoulder to the HIV patients’ cause, the municipal hospitals are the only place where an HIV patient can get free treatment. “Companies should learn from the BEST and the way they manage the issue. The complaints that are coming to us are just the tip of an iceberg. Even these include some of the most reputed companies,” said Palve.

“One of the employees claimed that he was barred to enter the toilet and use the drinking water facility from Aquaguard after many of his colleagues complained against it to the HR. “Do we live in a civil society?” he asked.

“A woman in an HR firm claimed that things were fine till the time she did not disclose her HIV status. It was only after she decided to work for the welfare of the HIV patients as an ambassador. “I was told by my employer that my HIV status had to remain a secret and the world should not identify me with the company,” she said.

“Another woman in a multinational company claimed that it started when she submitted her bill for medical reimbursement that had some anti-retroviral drugs. “Not only was I denied the reimbursement, but I have been harassed from that day as well.