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HIV carrier sues local govt

2011-10-13 11:30:21 来源:天下为公 浏览:4932

An HIV carrier, rejected for a position as a primary school teacher, launched a lawsuit against local authorities in Guizhou Province for employment discrimination Wednesday.

The candidate, giving the name Xiaohai, was told by the Human Resources and Social Security Bureau in Sandu Shui Autonomous County that he was not hired as a teacher on April 3 this year because he carried the HIV. He was also told he passed the written test and interview.

An officer surnamed Wei at the county bureau told the Global Times that the bureau refused to hire Xiaohai because the physical test standard for civil servants indicates people with HIV/AIDS cannot be hired.

Chen Wensheng, Xiaohai's attorney at Qiance Law Firm in Guizhou Province, submitted the indictment against the county government and the human resources and social security bureau to the intermediate people's court in Qiannan Buyi and Miao Autonomous Prefecture Wednesday afternoon.

"First we require the court to confirm that the rejection of Xiaohai is employment discrimination and illegal, and get them to repeal the rejection," said Chen. "Secondly, we request the court make authorities reconsider whether Xiaohai can be hired as teacher, as their basis for the refusal is against law."

According to Chen, all citizens in China have the right and obligation to work. Also, the Employment Promotion Law implemented in 2008 formulated in the 30th article that employers may not refuse applicants because they carry an infectious disease.

Moreover, Chen said, the Law on Prevention and Treatment of Infectious Diseases, and AIDS Prevention and Control Regulations dictate employers must not discriminate against AIDS patients or HIV carriers. And the regulations also stressed AIDS patients and HIV carriers are protected by law in regards to marriage and employment.

The physical standards test is a must for many public sector jobs and Chen said it's a major fault in the system.
Chen told the Global Times that, although he cannot guarantee victory for Xiaohai, their effort may play a part in strengthening laws to protect AIDS/HIV infected people.

"In fact, I don't think HIV carriers are not suited to be teachers," said Wei. "But we are just doing what the standard says."

The HR officer said that Xiaohai could submit materials to the bureau to apply for a review and he has not.

Mark Stirling, the United Nations Country Coordinator on AIDS in Beijing, said he is aware of Xiaohai's experience, and that the virus carrier was "clearly discriminated" against.

According to Stirling, the physical test standard for civil servants should remove the restriction on HIV carriers. He said they are no threat in many industries, such as traveling, banking, construction, and "of course to be teachers."

Stirling told the Global Times that the possibility of students' being infected is "extremely low," as the classroom provides few chances for the three ways that the virus is transmited, including sexual behavior, mother-to-fetus transmission, and blood.

According to Chen, the case will commence if it is approved within the next seven days. Wei said he was not aware of Xiaohai's lawsuit.

——Global Times | September 08, 2011 03:23
By Pang Qi

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