The Ghana AIDS Commission has cautioned employers and institutions against using a person’s HIV status as a basis for denying them employment, warning that such practices could violate provisions of the Ghana AIDS Commission Act, 2016 (Act 938).
The Commission said while certain jobs may have specific health requirements, HIV status alone does not constitute a lawful reason to exclude qualified individuals from employment opportunities.
Director of Policy Planning at the Ghana AIDS Commission, John Eliasu Mahama, explained that Section 32 of Act 938 provides protection against discrimination for persons living with HIV.
“The HIV status of a person shall not constitute a reason to refuse employment to that person, except where an employer can show that the employment in question requires that the employee must be in a particular state of health or medical or clinical condition,” he stated.
His comments follow public discussions surrounding reports that some applicants in a recent security services recruitment exercise may have been rejected after testing positive for HIV during mandatory medical screening.
Interior Minister Muntaka Mohammed-Mubarak had disclosed that about 1,300 applicants tested positive for HIV during the recruitment process, leading authorities to adopt measures to provide affected persons with access to counselling and further medical support.
Mr Mahama stressed that advances in HIV treatment and management have changed the way institutions should approach the condition, particularly in employment decisions.
He noted that during the early years of the HIV epidemic, some organisations introduced restrictive policies due to limited treatment options, but improved access to antiretroviral therapy had significantly transformed the situation.
“Because of how science has advanced, we now have antiretroviral drugs. A lot of security agencies across several countries had provisions in place at the peak of the HIV response, when there were no antiretroviral drugs. But today, because of progress in science and medication, we have even come to a stage where we are talking about U equals U,” he said.
The U=U principle recognises that individuals living with HIV who maintain an undetectable viral load through effective treatment cannot sexually transmit the virus.
According to Mr Mahama, several countries have reviewed their recruitment policies, including those within the security sector, to align with current scientific evidence rather than outdated perceptions about HIV.
He also urged institutions handling HIV-related information to protect the confidentiality of individuals, stressing that privacy remains a key part of the national HIV response.
The Commission’s official said an initial reactive HIV test does not amount to a confirmed diagnosis, explaining that individuals must undergo confirmatory testing, counselling and appropriate medical support before any conclusions are reached.
“It’s important that aggregate data was conveyed so the privacy of persons who were tested is respected, and a hotline was provided so that persons can follow up for the needed linkage to care and also get the further counselling that is needed,” he said.
Mr Mahama said the Ghana AIDS Commission was assessing the recruitment matter and would engage relevant stakeholders to determine whether existing legal provisions had been complied with.
“The information is just coming out and since yesterday this is relating to recruitment practices and compliance with the provisions in the Ghana AIDS Commission Act. So this is a process that is still ongoing,” he added.
He indicated that the issue had already attracted attention within the Commission’s leadership as discussions continue on the appropriate response.
