Section 23, The Prevention and Control of Hiv and Aids Act, 2007

(1) Subject to subsection (2), no person shall be– (a) denied access to any employment for which he is qualified; or 16 17 Prevention of transmission of HIV. Monitoring of prevalence of HIV. Discrimination in the workplace. No. 8 Prevention and Control of HIV and AIDS Act 2007 No. 8 Prevention and Control of HIV and AIDS Act 2007 (b) transferred, denied promotion or have his employment terminated, on the grounds only of his actual, perceived or suspected HIV status. (2) Subsection (1) does not apply in any case where an employer proves, on application to a court that the requirements of the employment in question are that a person must be in a particular state of health or medical or clinical condition.