There is no law or ordinance in HK which requires PLHIV to disclose their HIV status to their employer, therefore it is not necessary.
According to the Disability Discrimination Ordinance Code of Practice on Employment (2011) under the Disability Discrimination Ordinance (DDO)
The definition of disability includes the presence of an organism in the body causing disease or illness and HIV infection is included in this criteria. Therefore the ordinance offers protection in two aspects :
Employer should make sure that a HIV infection does not affect consideration for promotion, transfer and dismissal. It is unlawful for an employer to discriminate a job applicant/employee with HIV infection on the grounds of his/her infection.
A person has the right to choose not to disclose his/her disability, the employer should not force the employee to disclose their infection status.
For more information, click here to refer to the >> Disability Discrimination section of the Equal Opportunities Commission.
The DDO protects people with disabilities from discrimination and harassment when applying for a job and in employment. It is unlawful for an employer to discriminate a job applicant/an employee on the grounds of the person’s disability unless:
I. The person, because of his/her disability, is unable to perform the inherent requirements of the job;
II. Provision of accommodation would cause unjustifiable hardship to the employer.
If PLHIV have good drug compliance, their viral load will be suppressed effectively. Thus, their work ability, social ability and health condition will not be affected by this infection and it will not affect their ability to perform the inherent requirements of the job.
For more information, please refer to the Disability Discrimination section of the Equal Opportunities Commission
I. Employers may provide a medical test and screening for a new employee in order to ensure their physical condition is fit the inherent requirements of the job.
II. Health screening before hiring may include (but not limited to) height, weight, blood pressure, chest x-ray, urine protein, blood glucose level and examination of visual acuity.
III. The employer may increase/decrease the screening items according to different requirements.
IV. Since HIV will not affect the work ability of an employee, HIV screening should not be included in the health screening before hiring.
V. Please consult the health checkup provider to confirm the screening items before taking the medical test.
