BAGUIO CITY – The City Council approved on first reading a proposed ordinance prohibiting all forms of discrimination perceived or suspected or even found to be positively infected with Human Immune Deficiency virus (HIV) in workplaces within the jurisdiction of the city.
The ordinance authored by Councilor Leandro B. Yangot, Jr. stated employers cannot simply equate HIV to disability, thus, it is unlawful to discriminate against any employee or applicant because one or she is perceived, suspected or confirmed to be infected with HIV in regard to hiring, termination, promotion, compensation, job training or any other term, condition or privilege of employment.
Further, Yangot claimed it will be unlawful for employers to require compulsory HIV testing to applicants seeking employment with them or to its current employees who are suspected of having been infected with the dreaded illness.
He added all local government and private employers, must have an official protocol in handling suspected or positive HIV cases in their respective workplaces and that they can get the assistance of the Department of labor and Employment (DOLE) on how to formulate and adopt the required protocol.
Yangot explained the local government through the Public Employment Services Office (PESO) will assist any individual who experiences discrimination in workplaces within the jurisdiction of the city in seeking justice
Each employer will develop, implement, evaluate and fund a workplace with HIV and AIDS education and information program for all their workers and the program shall include the following elements the HIV and AIDS prototype and the modifications suited to the target audience, list of trainers and other resource persons from the same or other workplaces, training schedule, self-learning information materials, dissemination and distribution schedule of self-learning materials and a monitoring and reporting scheme.
Under the provisions of the ordinance, licenses or permits issued by the local government to employers or business entities found guilty of committing discriminatory acts or policies shall be revoked.
The ordinance provides the PESO with the assistance of the City Health Services Office shall confirm the implementing rules and regulations of the Philippine National AIDS Council with regard to the protection and promotion of the rights of individuals with HIV.
Yangot revealed the International Labor Organization (ILO) has produced a Code of Practice on HIV and AIDS and the word of work which provides for the protection of workers’ rights, including employment protection, gender equality, entitlement to benefits, and non-discrimination.
He claimed the country has the potential to face an AIDS epidemic because of its burgeoning sex industry, changing patterns of sexual behaviour, particularly among the young people, relatively high risk of other sexually transmitted infections, non-use or frequent use of condoms, low general awareness of HIV and AIDS, and highly mobile population factors and conditions which are conducive to the potential spread of HIV.
By Dexter A. See
