Legal Q&A

HIV Rights in the Workplace in South Africa

HIV status is a protected ground under the Employment Equity Act. You cannot be dismissed, refused employment, or compulsorily tested because of your HIV status.

Free South African Law

Direct Answer

The Employment Equity Act and the Constitution prohibit any unfair discrimination based on HIV status. You cannot be dismissed, demoted, refused employment, or subjected to compulsory HIV testing without your consent. Mandatory disclosure of your HIV status to your employer is not required.

What the Law Says

Your Legal Foundation

Employment Equity Act 55 of 1998

Section 6

“No person may unfairly discriminate against an employee on the ground of HIV status.”

Employment Equity Act 55 of 1998

Section 7

“Testing an employee to determine that employee's HIV status is prohibited unless ordered by a court or if the testing is determined justifiable by the Employment Equity Commission in terms of Section 50(4).”

Constitution of South Africa

Section 9(3)

“The state may not unfairly discriminate against anyone on one or more grounds, including health status.”

What to Do

Step-by-Step Guide

1You are not required to disclose your HIV status to your employer, colleagues, or prospective employer. Your medical information is private under POPIA and the Constitution.
2If compelled to take an HIV test as a condition of employment or continued employment, refuse and report to the CCMA and SAHRC. This is unlawful without a court order.
3If dismissed or demoted because of your HIV status, refer an automatically unfair dismissal dispute to the CCMA within 30 days. HIV-related dismissal is automatically unfair under Section 187(1)(f) of the LRA.
4If denied employment because of HIV status, refer an unfair discrimination dispute to the CCMA or the Equality Court. Both are free.
5If you are ill and require sick leave or reasonable accommodation, you can request this without disclosing your diagnosis — you only need to disclose limitations, not the underlying condition.

What to Say

Exact Words to Use

“"Requiring me to disclose my HIV status or undergo an HIV test is unlawful under Section 7 of the Employment Equity Act. I decline and am reporting this requirement to the CCMA and the South African Human Rights Commission."”

Tone: In writing to employer or HR

Common Questions

Frequently Asked Questions

Can my employer require an HIV test for a medical insurance scheme?

No — the EEA prohibition applies regardless of the reason. Even insurance or medical aid requirements cannot override the statutory prohibition. An insurer refusing coverage based on HIV status may also violate the PEPUDA (Equality Act).

I told my employer about my status voluntarily — can they now use it against me?

No. Information disclosed voluntarily is protected under POPIA and cannot be used as a basis for any adverse employment decision. Using it against you would be unfair discrimination under the EEA.

Get Help Now

Resources & Helplines

CCMA

0861 16 2616

Refer HIV-based dismissal or discrimination disputes. Free.
SAHRC

011 877 3600

HIV status discrimination complaints.
AIDS Law Project / Section27

011 356 4100

Specialist HIV rights legal advice.

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