Constitutional values and HIV/AIDS in the workplace: reflections on Hoffman v. South African Airways.
South Africa is experiencing an HIV/AIDS epidemic of enormous proportions. The workplace, like all the other sectors, is adversely affected. The tendency of a significant proportion of employers has been to discriminate against employees and job applicants living with HIV/AIDS through the use of HIV testing to exclude those that are HIV-positive. In the case of Hoffman v South African Airways, the Constitutional Court was asked to determine the constitutionality of excluding a job applicant on account of an HIV-positive status. The Court ruled in favour of the applicant and ordered instatement. Through an analysis of Hoffman v South African Airways, the article examines how constitutional values are impacting on HIV/AIDS-related ethics in the workplace.
Ngwena
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Faculty of Law, Vista University, Bloemfontein Campus; Centre for Health Systems Research and Development, University of the Orange Free State, Bloemfontein Campus, PO Box 380, Bloemfontein 9300, South Africa. ngwna-c@blenny.vista.ac.za
D000163:Acquired Immunodeficiency Syndrome / Q000453:epidemiology; D000328:Adult; D001359:Aviation; D002961:Civil Rights; D004651:Employment / Q000331:legislation & jurisprudence*; D015658:HIV Infections / Q000453:epidemiology; D006679:HIV Seropositivity; D006801:Humans; D008297:Male; D018580:Mandatory Testing; D011287:Prejudice; D018907:Privacy / Q000331:legislation & jurisprudence; D013019:South Africa; D022341:Yellow Fever Vaccine / Q000009:adverse effects
D022341:Yellow Fever Vaccine