This is clearly needed not only within the public sector but also the private sector. Unfortunately, our watershed legislation on anti- discrimination measures, the Equal Opportunity Act, does not provide adequate protection for persons with HIV/AIDS. It tracks a person’s status only in terms of sex, race, ethnicity, origin, religion, martial status and disability level.
There is nothing to protect an employer from mistreating an employee who is HIV positive. This is a considerable gap especially when we consider the extent of the protections offered by the legislation.
It bars discrimination not only in relation to employment, but also in education, the provision of goods and services, and even the provision of accommodation. In other words, it provides a profound shield against discrimination in all of the major facets of life.
The defects of this statute are well known. Outrageously, it has explicitly barred LGBT persons from protection by striking sexual orientation off the list. The message sent by this appalling law, therefore is this: such persons may be mistreated not only by employers, but also teachers, grocers, service- providers, and even landlords who provide accommodation.
Persons with HIV/AIDS have an even worse fate in the legislation.
Though not specifically barred from protection, they are not even mentioned. Effectively, the law regards the 11,000 persons with this condition as invisible. This new policy changes that. We await the National Monitoring and Evaluation Plan for HIV/AIDS, but in the meanwhile, we note the profound impact this policy can have in relation to the quality of life enjoyed by our daughters, sons, fathers, mothers, sisters, and brothers who are diagnosed with this disease.
True, it can be said the policy does not go far enough. And the lobby groups that are likely to make this argument would be justified in so doing. We need more than a policy, we need the strength of law and enforcement. And we need the State to overhaul the Equal Opportunity Act completely.
However, we note change in any society cannot be done in a heavy-handed manner. While there is clearly a long way to go in terms of changing attitudes in relation to HIV/AIDS, it is better that the State take a small step instead of none. Over time, this small step is likely to snowball into a bigger movement for change.
No one knows the remedy for prejudice. But when employers and employees see persons with HIV/AIDS working hard and achieving their fullest potential as human beings within the social setting, they will see first-hand what should be self-evident: We are all equal and all worthy of a space on this earth.
We hope the trade union movement will support this workplace policy measure and aggressively lobby for it to become entrenched in law. These trade unions must realise the gravity of their responsibility to ensure that all workers, no matter their status, have an equal chance to earn a living.
We praise Minister Baptiste-Primus and Minister in the Office of the Prime Minister Ayanna Webster- Roy for boldly supporting this measure and urge the State – including the Parliament – to not let the people down. We must not merely treat the symptoms of illhealth.
Over time, we must eradicate the disease of discrimination completely.