Workplace bias highest in five years

PETALING JAYA: There has been an increase in reports on workplace discrimination incidents against people living with HIV (PLHIV) over the past five years, with the first half of this year recording 66 cases – more than double previous yearly totals.

The data, which spans from 2019 until June 2024, collected by the Malaysian AIDS Council (MAC) from different organisations showed that the latest figure was the highest throughout the five-year period.

Cumulatively, MAC recorded a total of 218 cases with “required declaration of HIV status” at the workplace becoming the highest type of discrimination with 41 reports.

This was followed by cases of revocations of job offers during pre-employment with 31 reports, forced resignation (19 reports) and dismissal from position (16 reports).

In advocating for the marginalised group, MAC has addressed nine cases to date, with four of them having been resolved while the rest are still ongoing.

“Of these, two cases have successfully continued with their employment while two other cases have had their job offers revoked due to their HIV status.

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“The remaining cases are being managed by our partner organisations,” it said in a statement to The Star.

MAC said the approach included mediation to negotiate a fair resolution between the employee and the company to create a safe and supportive environment for PLHIV.

It said that during the mediation, MAC would provide evidence-based information about HIV/AIDS to both top management and staff members while ensuring the confidentiality of affected individuals.

“MAC also offers ongoing mental health support to clients throughout the advocacy process and assists them in connecting with their social networks, including family, friends and peer support groups,” it said.

The council said that there was no specific law that protected PLHIV in the workplace in Malaysia.

“However, thanks to the efforts of the Occupational Safety and Health Department and the Human Resources Ministry, alongside other organisations including the MAC, Malaysian AIDS Foundation and other key stakeholders, a Code of Practice for the Management of HIV/AIDS at the Workplace was developed,” it said.

“This Code emphasises the employer’s responsibility to be non-judgemental and to implement non-discriminatory policies for employees who are HIV positive,” it added.

While there was no mandatory HIV/AIDS policy at the workplace, companies were encouraged to adhere to the Code of Practice, with currently only 42 companies in Malaysia adopting it, MAC said.

“The ministry has created the Anti-Discrimination Act (under 69F) at the workplace to address discrimination issues in employment.

“However, it is unclear how this Act specifically protects employees from discrimination based on their HIV status,” it added.

According to subsection (1) of the Act, an employer found guilty of discrimination can be fined up to RM50,000.

If the offence continues, the employer may be fined up to RM1,000 per day for each day the offence persists after conviction.

Last December, it was reported that the government expressed its support for the MAC’s proposal to amend the Employment Act 1955 and the Industrial Relations Act 1967 to protect PLHIV from workplace discrimination.

MAC said there were two proposed areas under either Act which would include several sections aimed at protecting the rights of PLHIV through prevention and management of HIV in the workplace, right to treatment, HIV workplace policies and employer inquiries into complaints of discrimination, among others.

”These provisions, however, only cover workplace discrimination,” the MAC said.