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  • Title: Applicants for employment who are HIV positive: a recent case.
    Author: Du Plessis M.
    Journal: AIDS Anal Afr; 2000; 11(1):12-3. PubMed ID: 12349720.
    Abstract:
    This paper presents a case between South African Airways (SAA) and an applicant for employment who did not volunteer information about his HIV status. The matter between Jacques Charl Hoffmann, an HIV-infected man applying for a position as flight attendant, and SAA was heard before Judge Hussain in the Witwatersrand Local Division. Mr. Hoffmann contended that SAA had unfairly discriminated against him solely on the basis of his HIV-positive status. He argued that such unfair discrimination violated his constitutional rights to dignity, equality, fair labor practices, and privacy. Considered as a whole, Judge Hussain found that the policy of SAA was justified and substantiated. It is noted that the policy is not selectively applied against those persons who are HIV-positive, instead it is directed at detecting all kinds of disabilities that make employment as a flight attendant unsuitable. To the judge, the "unsuitability" of an applicant is to be considered against the policy's consideration of "medical, safety, and operational grounds". In conclusion, the court found it justifiable for the airline to conduct medical examinations of aspiring flight attendants, and its refusal to employ Mr. Hoffmann was not an act of unfair discrimination.
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