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Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Key Aspects of HIV/Aids and Employment



Affected employee

an employee who is affected in any way by HIV/AIDS e.g. if they have a partner or a family member who is HIV positive.



AIDS is the acronym for "acquired immune deficiency syndrome". AIDS is the clinical definition given to the onset of certain life-threatening infections in persons whose immune systems have ceased to function properly as a result of infection with HIV.



The study of disease patterns, causes, distribution and mechanisms of control in society.



HIV is the acronym for "human immuno deficiency virus". HIV is a virus which attacks and may ultimately destroy the body’s natural immune system.


HIV testing

taking a medical test to determine a person’s HIV status. This may include written or verbal questions inquiring about previous HIV tests; questions related to the assessment of ‘risk behaviour’ (for example questions regarding sexual practices, the number of sexual partners or sexual orientation); and any other indirect methods designed to ascertain an employee’s or job applicant’s HIV status.


HIV positive

having tested positive for HIV infection.


Infected employee

an employee who has tested positive for HIV or who has been diagnosed as having HIV/AIDS.


Informed consent

a process of obtaining consent from a patient which ensures that the person fully understands the nature and implications of the test before giving his or her agreement to it.



a document setting out an organisation’s position on a particular issue.


Pre and post test counseling

a process of counselling which facilitates an understanding of the nature and purpose of the HIV test. It examines what advantages and disadvantages the test holds for the person and the influence the result, positive or negative, will have on them.


Reasonable Accommodation

means any modification or adjustment to a job or to the workplace that is reasonably practicable and will enable a person living with HIV or AIDS to have access to or participate or advance in employment.



acronym for "sexually transmitted diseases". These are infections passed from one person to another during sexual intercourse, including syphilis, gonorrhea and HIV.


Surveillance Testing

This is anonymous, unlinked testing which is done in order to determine the incidence and prevalence of disease within a particular community or group to provide information to control, prevent and manage the disease.