Being a carrier of HIV / AIDS is a factor in the expulsion of the labor market, a problem difficult to combat because there is prejudice and ignorance on the subject that often ends with the drastic decision of employers to the expulsion of the worker.
One of the biggest fears of people living with HIV is to enter the labor market and private firms in Argentina and some of the state sector continued to call even preocupacionales studies. According to INADI the bulk of complaints of discrimination against people with HIV have to do with the problem work both expelled from their jobs after a positive test or for having disclosed their carrier status, as well as people to whom they have detected the virus in a test preocupacional.
In the city of Rosario lived for more than six thousand people with HIV according to data from PROMUS (Municipal Program on AIDS) and many of them at some point in their lives they have felt discriminated against in the workplace. Many times companies do testings covert employees are simply objecting to routine tests for the company without informing their employees that among these tests is the proof d HIV, which is very clear from the Act was 23,798 enacted in the 90's and very accurately provides that any person accessing a test of this kind must be informed of this practice as well if such studies show a positive result
rosary City is not exception as it many of the more than six thousand infected living in our city ever felt discriminated against in their workplace. According to Gladis Gonzales of OFES (familiar face to AIDS Organization): "There is discrimination but not only with HIV patients are discriminated against for being fat, being skinny, being black, discrimination exists and will exist forever. It is difficult for people who have no problems health gain employment much more difficult is to get people who are ill. " Gladys knows many cases of people who at some point in their lives through this bitter pill, as a young man working in a house domestic service and was expelled when their employers discovered what his diagnosis, doctors were incredibly this marriage. "They said they wanted to protect the health and physical safety of themselves and their children," says Gladys. Gladys recalled another case that is of a young nurse in the nineties was expelled from a company that Gladis emergencies and described as "a great professional and a great person," adding, "what killed this boy was the anxiety and depression and not the disease. "
There is always the doubt that if a person is positive VHI applies for a job, going through the process, you agree to be tested positive and not give the names. Companies may argue that the person is not fit for work that is required but it is often possible that the employee has the virus, withhold information from an examination of this feature is a crime that this referred not only in law the national but also international treaties of labor organizations such as the ILO. "This is still in the sphere of freedom that the company has to choose a person or not, that is the figure of discrimination operates when you can prove when not chosen for a particular trait when it was the best person for that job for many other reasons, if someone wins a contest to assume a position operator of a sophisticated communication system passes the tests with the best grades, and then is elected and this person was HIV positive or obese or have difficulty driving could claim discrimination, but discrimination is very difficult to prove to the court, "said Dr. Damian Lavarello, coordinator of the Pro Musica.
Although responsibility social entrepreneur is booming in the Republic of Argentina, yet no company launched a corporate social responsibility program for people with HIV to enter the labor ranks, here is the figure of that of what is politically correct, then we know that is very common in the public work to incorporate persons with disabilities for positions that do not require special driving skills. There are a question that one must always filter criterion of rationality, a person who will do a commando course in a military force will require a lot of stress tests ranging from an electro cardiogram, nuclear magnetic resonance column, a comprehensive laboratory and including an HIV test with their consent.
also operates much self discrimination, many people with HIV will not find many jobs that he knows he will ask for proof.
All people with HIV who have already gotten a job as caregivers in the highest degree to avoid having to fight again and having to go through a trial again preelaboral, edema with current treatments according to reports from Promusdida a high percentage of infections are detected in very good health and care deeply about not having a failure in terms of work to avoid being fired from that job.
in public areas has withdrawn an HIV test as a requirement, is an option the state has to give a little The example in this issue and therefore not required, is in the forms but it is not necessary that the person does. Are many cases that have entered the state as teachers, school petty. In the state today is far less discrimination than there was in other times, the state is an instance of hiring people with HIV who have much more freedom in this respect, much more space and is much more supportive. Certain sectors of the state, nurses, pharmacists and other professionals working with HIV in the state without any problem. The police is the same but within the police force there are many people living with HIV and have not been thrown and that forces security have high physical demands such as army, navy, air force, gendarmerie, there should be requirements for entry, someone who is already in the ranks and reveals himself as someone with HIV may be removed from some tasks that have certain physical requirements and is aimed at the administrative, police feel the same, but while the person is in a perfect state of health can do what your body will allow, but it would be inhumane for someone who has a very advanced HIV infection not cured processing is required in the workforce to do night duty in winter, this is not correct. The important thing is to preserve the labor law and the right to confidentiality of information HIV-positive person when it comes to an office does not have to inform their colleagues of what happens.
This is not unusual and do so many companies and individuals, is very common, there are cases of people who have been thrown out of the meat industry, a domestic job, people who wanted to put in a nursing home and could not, people which have cast a health clinic, these are specific cases were registered by the organizations working with these people. The employer finds out, or in other cases reported by the employee, the employer discovers sometimes medication.
A boy was thrown out of a major regional fridge to go to donate blood for a partner column was operated beauty plums HIV donate blood appears he did not know, I report, ask for another donor and filtered information that the problem was HIV. That boy was thrown out and start a trial, this case was treated by Dr. Damian Lavarello. The worker lost his social work, ten years of working with all he knew of the office and went from being an employee who was earning a good salary to the street. Being
Cundo missed work someone finds out she is HIV is cruel. The judgments in this regard are not many, there is a policeman from the police that he won the state, was a captain in the merchant marine who also won a trial, have also won many trials of the prepaid for access to medication.
employers often border on cruelty and thrown to employees for various reasons, although the cause of the expulsion is HIV.
A girl who wanted to throw in a nursing home managed by a court as not cast, but she said she could not handle that job, she cleaned the beds for the elderly. People with HIV can do any work, all you need is your time to take your medication.
The labor contract law is national, the municipalities have no authority to make such decisions. It is clear that the problem exists and needs a response from these people, is in the hands of rulers who belong to labor departments try to give a security framework for this group of people who are as human as any other