Creating an HIV Policy

Why do I need an HIV policy?
Principles underpinning a good HIV policy
What should be included?
Do I need a separate HIV policy or can I integrate it into existing policies?
Where can I get help to formulate a policy?

Whilst we accept that in some ways HIV and AIDS should be treated like any other long term medical condition in the workplace, compared to many other disabilities and long term medical conditions, HIV is disproportionately affected by stigma and discrimination. It is therefore, necessary to develop an HIV policy which supplements and supports existing company policies on Equal Opportunities, Bullying and Harassment in the workplace.

Why do I need an HIV policy?

- If you have good policies and procedures in place you are more likely to become an employer of choice, attracting new talent, being seen as an enlightened employer, retaining current staff and attracting new customers.

- An HIV policy will ensure an equitable, fair and healthy working environment.

- It sends a message to all employees that you treat disabled members of staff fairly.

- Having an HIV policy is most likely to protect you from getting HIV-related discrimination complaints

Principles underpinning a good HIV policy

A good HIV policy should:

- Be clear
- Inform
- State a non-discrimination principle
- Address key HIV- and AIDS-related employment issues
- List internal and external references for advice and information
- Should be easily accessible to all employees, e.g. inserted in a staff handbook and given to all new employees.

What should be included?

- A commitment to the principle of non-discrimination (both at the recruitment stage and during employment) on the basis of actual or perceived HIV status, and on the basis of association with an HIV positive employee.

- A commitment to ensure all disclosure of medical information relating to HIV is optional and if disclosed will be kept confidential.

- The principles for the management of current or future HIV-positive employees including the potential need for reasonable adjustments to be made (such as flexible working hours for hospital appointments) as and when they become necessary.

- The policy should include a general prohibition of mandatory HIV testing.

- The policy should also expressly prohibit unnecessary or intrusive questions relating to HIV or any other medical condition on application forms, medical questionnaires or at job interviews.

- The policy should make a commitment to raising awareness of the facts about HIV, including educational materials and information about HIV transmission and Universal Medical Precautions.

- The policy should also include details of where to get further information advice and information on HIV.

Do I need a separate HIV policy or can I integrate it into existing policies?

It is not necessary to have an HIV specific policy. If you already have a policy on disability, equal opportunities etc. you can insert information dealing with HIV including the following key elements:

- Principle of non-discrimination (both at the recruitment stage and during employment) on the grounds of actual or perceived HIV status, and on the basis of association with an HIV positive employee.
- Confidentiality and privacy.
- Management of an HIV positive future, or current, employee.
- General prohibition of mandatory HIV testing.
- Information on how to get advice and information on HIV.

Where can I get help to formulate a policy?

An example of an HIV/AIDS policy can be found in a useful Resource Pack- HIV at Work- published by National AIDS Trust. The Pack can be viewed here. ACET provides training for managers on the formulation of an HIV/AIDS policy. We can also work with employers to equip them with support, advice and guidance.

We are available to take you through the formulation of new policies and updating existing ones.

Last updated April 2010