Law punishes discrimination vs

persons with HIV

BY PERSIDA ACOSTA
JANUARY 18, 2019

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 LAW PUNISHES DISCRIMINATION VS PERSONS WITH HIV

Persida Acosta
Dear PAO,
I learned of a new law regarding HIV (human immunodeficiency
virus) and AIDS (acquired immunodeficiency syndrome), and I just
want to know if there is a provision which provides for a penalty
against discriminatory acts directed to employees that have HIV.
Pines

Dear Pines,
Please be informed of the provision of Section 49 (a) of Republic Act
No. 11166, otherwise known as the “Philippine HIV and AIDS Policy
Act,” which provides:
“SEC. 49. Discriminatory Acts and Practices. – The following
discriminatory acts and practices shall be prohibited:

“(a) Discrimination in the Workplace. – The rejection of job

application, termination, termination of employment, or other
discriminatory policies in hiring, provision of employment and other
related benefits, promotion or assignment of an individual solely or
partially on the basis of actual, perceived, or suspected HIV status;
xxx.”

Clearly, discrimination in the workplace against persons who have

HIV, or perceived or suspected to have it, is prohibited. The
prohibited acts are penalized under the new law pursuant to Section 50
(g) thereof, viz:

“(g) Any person who shall violate any of the provisions in Section 49
on discriminatory acts and practices shall, upon conviction, suffer the
penalty of imprisonment of six (6) months to five (5) years, and/or a
fine of not less than Fifty thousand pesos (P50,000.00), but not more
than Five hundred thousand pesos (P500,000.00), at the discretion of
the court, and without prejudice to the imposition of administrative
sanctions such as fines, suspension or revocation of business permit,
business license or accreditation, and professional license; xxx.”

This opinion is solely based on the facts you have narrated and our
appreciation of the same. Thus, the opinion may vary when the facts
are changed or further elaborated. We hope that we were able to
enlighten you on the matter.