HIV Test and Employment

Posted by Pozziepinoy on 5:09 PM
Hi Pozziepinoy,

 I would like to know if the HIV test is required to apply in a Call Center?

 XXX

 POZZIEPINOY'S RESPONSE

 HI XXX.

 Thank you for your email. Thank you for finding the blog.

 Requiring an HIV Test as part of the application for employment is against the law. It is stated clearly in the Republic Act 8504 or the Philippine AIDS Prevention and Control Act of 1998, under Article III:

 Section 16. Prohibitions on compulsory HIV testing. – Compulsory HIV testing as a precondition to employment, admission to educational institutions, the exercise of freedom of abode, entry or continued stay in the country, or the right to travel, the provision of medical service or any other kind of service, or the continued enjoyment of said undertakings shall be deemed unlawful.

 If an employer or company tells you that you need to take the HIV test part of their requirement for employment, please call us as soon as possible so we can address this issue. 

 Recently we had a dialogue with the Department of Labor and Employment and the agency said that there has never been any filed complaints against them. Though Project Red Ribbon had experienced some cases from our clients on HIv testing as pre employment, it is really hard if the person complaining won't really step forward and complain about it. This is also true of people with HIV upon disclosure of their HIV status to employers got fired from work or even not given the position they were applying for. According to DOLE, they need people to file cases so that they can really address these issues.

 This is the reason why the Project Red Ribbon continues not only to advocate information but also empower people and communities about their rights. We can't correct any violations if a lot of people are scared to come out and talk about discrimination especially in the workplace. How can the government agencies understand the real situation people keep everything to themselves and just let go of issues.

 There are things to do. There are things to understand. There are things to fight for. We need your voice, and together, we can correct issues that have been lingering for a long time now.

 XXX, I hope I was able to answer your question. Feel free to email again, if you have other concerns.

 Thanks,

 Pozziepinoy





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