HIV and AIDS Prevention and Control Act

31. Discrimination in the workplace

Edition: 2022-12-31 · In force

31. Discrimination in the workplace

(1)Subject to subsection (2), no person shall be—

(a)denied access to any employmcnt for which he is qualified; or

(b)transferred, denied promotion or have his employment terminated,

on the grounds only of his actual, perceived or suspected HIV status.

(2)Subsection (1) shall not apply in any case where an employer can prove, on application to the Tribunal that the requirements of the employment in question are that a person be in a particular state of health or medical or clinical condition.

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Source: Kenya Law