M: WE got this email and got his permission to post it: “I’m Jon. I’m HIV positive and currently undergoing treatment. I work as a manager in one of the major banks here in Cebu. I’m scheduled for my annual physical exam. Should I disclose it before they’ll find out? And will it put my career at risk?” First, have you told your family or close friends? What was their reaction to it? Because from their reaction, you can gauge, more or less, a similar reaction that you can encounter with a superior officer or co-worker. The truth of the matter is that workers and employees in our country living with HIV, who suffer workplace discrimination, often do not seek redress. If they have not yet disclosed this information to their employers, they risk possible discrimination and worse, even termination.
DJ: The Philippine Aids Prevention and Control Act of 1998 (Republic Act 8504) criminalizes discrimination against people living with HIV in the workplace. Compulsory HIV testing in the workplace is strictly prohibited. Thus, this should not be part of Jon’s annual physical exam. Access to this type of information is also strictly limited to medical personnel. And employees must not be asked to disclose HIV-related personal information. Jon is not obliged to share his status to his employer.
M: I would not want to speculate but disclosing that one has HIV could have potential negative effects at work. It is possible that one’s career can be put at risk. However, it can also be possible that disclosing one’s health and medical condition can bring some peace of mind, and you can ask for support. What is really needed more is for the government to ensure that people living with HIV get better protection in their jobs, and that the public gets more and better information on HIV.
DJ: Having HIV doesn’t have to stop a person from living a healthy life. Jon can expect to live as long as someone who doesn’t have HIV. And while antiretroviral treatment is not a cure for HIV, it does keep the virus under control. Sustaining his medical regimen, along with exercise, proper diet and adequate rest, will keep his immune system strong. While his journey is personal, it also matters that he surrounds himself with family, friends or people he trusts who are there for him. His emotional state is also just as important.
M: Check with your company’s HR on what are your company’s policies on disclosure of physical health or what mandatory tests are required. Termination from work solely on the basis of actual or perceived HIV status is also unlawful. The law provides penalties for medical professionals who violate the confidentiality of patients’ HIV status. The law also requires employers to enforce the HIV and Aids Prevention and Control in the Workplace Program, which protects employees with HIV from discrimination.
DJ: Jon appears to be successful as a bank manager. HIV should not stop him from becoming who he wants to be or from achieving his dreams. There will be ups and downs but this is true for everyone who lives in this planet. No one lives a perfect life. But all of us can live our best life every day, no matter what.