Dear Atty. Angela,
I have been working as a call center agent in a company for six years now. In the routine annual physical exam conducted on all employees, the results showed that I am HIV positive. My company informed me that I was unfit to work because of my illness and I was terminated from work. Is my condition being an HIV positive considered to be grounds for dismissal? I believe that I am being discriminated against and that my dismissal was unlawful. Please help.
Aaron
Dear Aaron,
Workplace discrimination in the Philippines includes refusal to hire, unlawful firing, and forced resignation of people with HIV. There are likewise situations where employers disregard the rights and even facilitate harassment of employees who are found HIV positive.
The Supreme Court in the case of Bison Management Corporation v. AAA and Pernito, G.R. 256540 (14 February 2024), held that AAA was illegally dismissed just for the mere reason that he was found to be HIV positive. Thus, he is entitled to salaries for the unexpired portion of his employment contract and moral and exemplary damages, among others.
Under Section 49(a) of Republic Act 11166, or the Philippine HIV and AIDS Policy Act, it is unlawful for employees to be terminated from work on the sole basis of their HIV status. Since Philippine law prohibits the use of a person’s HIV-positive condition as a ground for dismissal, there was no valid cause to terminate AAA.
In the same token, your dismissal is considered illegal as termination from work by reason of your HIV status, is not legally sanctioned. You are entitled to reinstatement and backwages from the time you were dismissed.
Atty. Angela Antonio