While reading the daily paper on Monday of last week I came across a letter to the editor entitled “Stop HIV Pre-Employment testing” which immediately drew my attention. Dr. Rattray a well-known physician wrote the letter complaining of an ordeal a patient of his had to face for job-required physical, Dr Rattray wrote that the female patient had to submit herself to blood tests that included mandatory HIV-antibody screening and sign a document agreeing that the results should go to her new potential employer (a well-known international company), this was later confirmed by the human resource manager of the company through a telephone call with Dr. Rattray. The Human resource Manager reported that it was company policy for the HIV-antibody test to be included in the 'routine' physical and explained that the patient was on probationary employment.

Now I found this occurrence as not only disturbing but also as a setback for treatment, care and support for those infected within the Jamaican society. After many attempts by International and national legislation it is shocking to learn that companies still require mandatory testing for employment. Are you serious, let’s be reminded that HIV/AIDS cannot be transferred through sharing simple office supplies such as pens, papers, desk chairs.
I had the privilege of taking a Labour and Employment Law course at the UWI and was fortunate to write a paper on the nature and scope of the HIV/AIDS Workplace Policy by the Ministry of Labour that was passed in Parliament in February 2010. The policy visibly stipulates that there should be no workplace HIV-antibody testing (whether for pre-employment screening, pre-contractual screening, for promotions or renewal of work contracts). The Ministry of Health is currently in the process of finalising its HIV policy from the perspective of the workplace.

In addition there is the ILO Code of Practice on HIV/AIDS and the World of Work states, "HIV/AIDS screening should not be required of job applicants or persons in employment." The Caribbean Tripartite Council/Pan Caribbean Partnership against HIV/AIDS - Model Caribbean Workplace Policy on HIV/AIDS stipulates under HIV screening, recruitment and employment that: "The organisation will not compel an employee or a job applicant to disclose his or her HIV or AIDS status, or that of any other person."

With both national and international legislations prohibiting such actions I still cannot comprehend how and why a company would continue to implement such a policy. This further puts the fight against discrimination and stigmatization a step back which is all too sad. It will no doubt affect PLWHA and their family. I honestly wish one of our many parliamentarians or a good lawyer saw and read this letter and have contacted the victim with the intention of addressing the problem.