HIV compulsory testing
I applied for a job as a receptionist in a company in Dar and was accepted after undergoing a vigorous interview. I was then informed to go to a designated hospital and get my blood tests done. When I went to hospital, the attending lab technician took my blood and attached it to a form that showed what tests were to be done. I realised that I was to be tested for HIV and immediately refused to proceed. I took the blood sample with me and left the hospital. Can the company test me without my consent? Is this not illegal?
30 January 2012
The HIV and AIDS Prevention Act provides that HIV testing shall be done at the consent of the person concerned. No person is under obligation to undergo HIV testing without his or her consent, unless the Court has ordered so or the person is donating blood or organs, or the person is a sexual offender. To the best of our knowledge, you are neither of these.
What the company did is illegal because the Employment and Labour Relations Act prohibits any kind of discrimination among employees of the company. Hence, the issue of whether the employee is HIV positive or not should not, generally, interfere with his or her employment.
The hospital may also be liable in that they proceeded, or nearly proceeded, to test you for HIV without getting your consent. You have a cause of action against both your prospective employer and the hospital. Your attorney can guide you further.