The Ghana AIDS Commission (GAC) has reiterated that HIV status must not be used as a basis to deny anyone employment.

Director-General of the Commission, Dr Kharmacelle Prosper Akanbong, said the protection is provided under the Ghana AIDS Commission Act, 2016 (Act 938), which prohibits discrimination against people living with HIV in the workplace.

Speaking on Konsulting Room 5 on JoyNews, Dr Akanbong said an employer cannot exclude a job applicant simply because the person has tested positive for HIV.

“There shall be no reason on which somebody shall be denied any form of employment based on your HIV status,” he said.

Under Section 32 of Act 938, a person's actual or perceived HIV status cannot constitute a reason to refuse employment or terminate employment, except where an employer can demonstrate that a particular job requires an employee to be in a specific state of health or medical or clinical condition. The law further provides that fitness for work is the relevant standard in employment-related matters.

HIV testing for recruitment prohibited

Dr Akanbong also stressed that being HIV-positive does not automatically mean a person is incapable of working, particularly where the individual is receiving treatment and is in good health.

“A lot of people taking the medications are even healthier than people having diabetes, are even healthier than people having hypertension,” he said.

He said employers should instead consider whether an individual is physically capable of performing the duties required for a particular job.

The law also states that an applicant for employment should not be tested to ascertain their HIV status for recruitment, promotion or any other employment-related purpose.

Dr Akanbong further cautioned against using a single HIV test to determine whether someone is infected.

He explained that Ghana's testing protocol requires a three-stage testing process before a person can be confirmed as HIV-positive.

He said even after a person's status has been confirmed, the result should not, by itself, be used as grounds to deny employment.

Dr Akanbong said the Commission's position forms part of broader efforts to address stigma and discrimination against people living with HIV.

Under Act 938, the protection against workplace discrimination extends not only to a person living with HIV but also to that person's partner and close relatives. The law also requires employers to take disciplinary action against employees who discriminate against co-workers based on actual or perceived HIV status.

The Ghana AIDS Commission has continued to advocate for greater awareness and acceptance of people living with HIV, as stigma and discrimination can discourage people from seeking testing, treatment and other support services.