Disclosing a disability is a very personal decision, and for people living with HIV/AIDS (PHA’s) it can be extremely difficult considering the stigma that still exists today.
Since HIV is not spread through ordinary workplace activities, there is no reason why you must disclose your HIV status at work. This is also the law. You may claim you have a disability and need a workplace accommodation, but by no means are you required to disclose the details of your disability.
If you choose to disclose your HIV status to an employer, the employer is obliged to keep this information confidential. Legally, the employer cannot disclose information about your HIV status (or other medical information) to third parties (other employees, other employers, etc.) without your consent. Although this is the law, it cannot be said that all employers are aware of this.
NOW WHAT? The Possibilities of Disclosure. A Guide by HIV Positive People for AIDS Service Organizations and Their Allies.
Does Employment ACTion disclose HIV/AIDS status to potential employers?
We operate from a non-disclosure framework which means that your status as a person living with HIV/AIDS (PHA’s) is confidential and will not be shared with employers. In some cases, select employers may be aware that our services are for PHA’s - this can be beneficial to you or should you wish anonymity you can approach these employers independently of us.
Employment ACTion refers our service users to the HIV/AIDS Legal Clinic of Ontario (HALCO) for questions of a legal nature. HALCO is a charitable not-for-profit community-based legal clinic that provides free legal assistance to people living with HIV/AIDS in Ontario.
Ontario Ministry of Labour - Employment Standards ACT sets out the minimum standards that employers and employees must follow, investigates possible violations and resolves complaints.
The Canadian HIV/AIDS Legal Network is Canada's leading advocacy organization working on the legal and human rights issues raised by HIV/AIDS.
Ontario Human Rights Commission (OHRC)
Canadian Human Rights Commission (CHRC)