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Five Ways Employers Can Support Employees Living with & Affected by HIV

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On World AIDS Day each year, millions of people across the globe band together to show support for people living with HIV and honor those who have died due to AIDS-related illnesses. Founded in 1988 and commemorated annually on December 1st, World AIDS Day is a worldwide demonstration of community, awareness, and resilience in the face of an epidemic that has claimed about 43.2 million lives

While shorthanded references to “HIV/AIDS” are common, it is important in both official messaging and informal conversations to distinguish between human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS).  

Because of the development and wide availability of antiviral treatments, most people in the United States living with HIV will not develop AIDS. Therefore, it’s important to recognize today’s reality that millions of people are living healthy lives with HIV and to not reaffirm outdated fears or stereotypes implying otherwise.    

Employers play a crucial role in providing healthcare coverage both for those living with HIV and employees seeking to prevent HIV. Due to the Affordable Care Act, most employers are required to ensure that employees and covered dependents can access anti-retroviral medications to treat HIV and pre-exposure prophylaxis (PrEP) to effectively prevent acquiring HIV. They can also work with their insurers to assess network coverage and find healthcare professionals with appropriate cultural competence to administer and monitor patients on anti-retrovirals or PrEP. Spotlighting these benefits during open enrollment alongside other notable features of plan offerings is not only practical. It can signify that an employer brings a comprehensive lens to the evolving needs of its workforce.  

Click here for additional guidance from Lambda Legal. 

According to HIV.gov, the federal Americans with Disabilities Act (ADA) – which grants civil rights protections to individuals with disabilities similar to those provided on the basis of race, color, sex, national origin, age, and religion – includes protections for individuals living with HIV and AIDS. It also guarantees equal opportunity for these individuals in public accommodations, employment, transportation, state and local government services, and telecommunications.  

Employers should periodically review and refresh trainings, educational materials, and employee handbooks – especially for hiring managers, customer/client-facing staff, and supervisors – to support consistent awareness of the federal protections afforded to all those living with HIV and those assumed or rumored to be living with HIV. Employers should also address any flourishing rumors about a client or employee’s HIV status.

An ever-global mobile workforce demands supportive infrastructure for employees and/or their family members who are HIV positive. About 50 countries around the world have HIV-related travel restrictions, namely:  

  1. HIV testing required for work permits.  
  2. HIV testing required for study permits.  
  3. HIV testing or disclosure required for certain permits or entry less than 90 days.  
  4. HIV testing required for residency permits (for stays longer than 90 days).  
  5. Prohibiting entry and stay for less than 90 days on the basis of HIV status.  
  6. Denying residency permits (for stays longer than 90 days) on the basis of HIV status 
  7. Deporting non-nationals living with HIV on the basis of their HIV status.  

Global employers should ensure that employees are given appropriate contacts – typically within HR – to confidentially discuss any concerns or questions about their, or their family member’s, HIV status in relation to temporary assignment, short-term business trips, or indefinite long-term relocation. Managers should proactively note resources available as part of any relocation or travel assignments and ensure that one’s concerns or questions about travel to countries with restrictions do not negatively affect an employee’s career. Global employers may also decide to move employees who wish to leave their home countries because of punitive HIV laws, just as they would for other employee mobility considerations.  

The first patient of the AIDS epidemic was identified in 1981 – which may very well predate some of your company or organization’s key employee resource group (ERG) leaders’ consciousness. For others in your ERG, the AIDS epidemic may continue to be a defining part of their lives. World AIDS Day and, more broadly, HIV-themed discussions and programming can present valuable opportunities for intergenerational dialogue on how HIV has affected the lives of ERG members, and their relationship to the broader LGBTQ+ community.  

ERG programming might also include taking part in community and national events that bring communities together in the fight against HIV/AIDS and memorialize the lives lost to the epidemic.