HIV/AIDS Act Compliance: Building Stigma-Free Workplaces

Among the many health concerns, HIV/AIDS (Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome) remains a significant public health issue in India. Its impact extends beyond individuals, affecting workplace environments as well. Continuous stigma and misinformation can result in discrimination, emotional distress, and loss of employment opportunities for people living with HIV. To address these challenges, the HIV/AIDS (Prevention and Control) Act was introduced in 2017 and officially came into force on September 10, 2018, ensuring confidentiality, legal protection, and granting equal rights to affected individuals. For creating safer and supportive work environments free from discrimination, this act establishes clear guidelines for employers.

Building a stigma-free workplace is not only a legal responsibility but also important for supporting inclusivity, employee well-being, and long-term organisational productivity.

The HIV/AIDS (Prevention and Control) Act, 2017, was enacted to address discrimination and stigma faced by people living with HIV/AIDS in India. Since its enforcement in 2018, the Act has guaranteed essential rights, such as privacy, confidential handling of medical information, protection from mandatory testing or forced disclosure, and forbids discrimination in employment, healthcare, education, and housing. 

These safeguards empower employees living with HIV to access equal opportunities and health benefits without fear of stigma or unfair treatment. For organisations, following the Act is not just a legal obligation, but it also builds trust, upholds human rights, and creates a workplace culture that values diversity.

Employees living with HIV are legally protected under the HIV/AIDS Act, which guarantees their right to work with dignity and without discrimination.

• They have a clear right to privacy and confidentiality, meaning employers cannot disclose their HIV status without written consent. This extends to medical records, workplace discussions, and HR documentation.
• Discrimination in hiring, promotion, training, or termination based on their HIV status is strictly prohibited.
• HIV-positive employees should receive the same access to the benefits of health insurance, medical, and wellness programmes, just like any other employee.

For instance, limiting opportunities of a qualified candidate because of their HIV status, transferring an employee to a lower role after learning about their condition, or refusing health insurance reimbursement due to HIV would violate legal protections. 

Employers have a responsibility to treat every individual fairly, follow legal guidelines, and create a workplace free from any biased conduct.

To fulfil legal requirements and ensure a fair workplace, employers should focus on the following key measures:

• Draft a Comprehensive HIV/AIDS Workplace Policy: To ensure compliance with the HIV/AIDS Act, employers should begin by drafting a comprehensive HIV/AIDS workplace policy. This must explicitly include anti-discrimination measures, confidentiality rules, non-disclosure protocols, and equal employment opportunity provisions. The policy should align with the HIV/AIDS Act, 2017. Organisations may also refer to the HIV and AIDS Policy for Establishments, 2022 available on the National AIDS Control Organisation (NACO) website for guidance.
• Conduct Regular Training and Sensitisation: Workplace training for employees is essential for tackling stigma, myths, and fear associated with HIV. Such awareness initiatives educate employees about legal protections, respectful workplace expectations, and the rights of HIV-positive colleagues. Complaints Officers and Additional Complaints Officers should receive specialised training to manage grievances in accordance with the Act.
• Conduct Compliance and Policy Training: HR and leadership teams must be trained on their legal obligations under the Act, confidentiality protocols, and effective handling of discrimination complaints to ensure organisational adherence and strengthen inclusive workplaces for HIV-positive employees.
• Protect Employee Privacy: Employers must secure an employee’s medical information with the highest level of confidentiality and forbid disclosure of their HIV status without written consent. Only those who absolutely need the information for legitimate reasons should have access.
• Ensure Equal Benefits and Opportunities: HIV-positive employees must have fair access to promotions, health insurance, training programmes, and workplace facilities.
• Set Up Grievance and Support Systems: Establish confidential, accessible channels for employees to safely report discrimination or seek support. Designate trained complaints officers to promptly manage and resolve complaints.
• Be Aware of Legal Consequences: Non-compliance with the Act’s provisions may lead to fines as well as legal action. Labour courts and human rights bodies enforce accountability and protect employee rights.

• Leadership-Led Awareness Initiatives: Leaders and HR teams should visibly support HIV awareness by openly speaking about HIV and affirming zero tolerance for discrimination or stigma. Their active participation in awareness campaigns sets a powerful example. Leadership-led awareness initiatives, such as town halls, internal communications, and participation in World AIDS Day campaigns, reinforce a culture of respect, empathy, and zero tolerance for bias.
• Regular HIV Education and Sensitisation Programmes: Organise interactive workshops and awareness campaigns to provide factual information about HIV transmission and prevention and build empathy among all employees. Employers can organise workshops, quiz sessions, panel discussions, and awareness campaigns to help employees understand HIV transmission, legal protections under the HIV/AIDS Act, and the importance of inclusion. These initiatives also support emotional intelligence among employees, contributing to a healthier workplace environment where HIV-positive employees feel safe and valued. 
• Peer-Driven Awareness Activities: Peer-driven awareness activities further strengthen engagement. Train selected peer advocates who can share accurate HIV information and support open dialogue among colleagues. Peers play a crucial role in making HIV discussions a natural part of workplace culture, which helps reduce stigma and encourages those affected to seek support.
• Integration Into Workplace Health and Safety Policies: Incorporate HIV awareness and prevention into broader workplace health and safety programmes. This integration ensures continuous focus on protecting employee health, preventing transmission risks, advancing support mechanisms, and maintaining compliance with legal standards. Including HIV-related support protocols, mental wellness initiatives, and anti-discrimination standards within existing health frameworks normalises the conversation and prevents HIV from being treated as a standalone issue.

Creating a stigma-free workplace is not only a legal requirement under the HIV/AIDS Act but also a key step toward building stronger, fairer, and more inclusive organisations. By integrating awareness, policy implementation, confidentiality safeguards, and equal opportunities into workplace culture, employers can cultivate trust, safety, and improved productivity. Regular sensitisation, visible support and involvement of leadership, and structured learning through an HIV/AIDS training programme can enable organisations to stay compliant while supporting employee well-being.

Complykaro helps organisations to achieve legally aligned, inclusive workplaces and offers expert training, policy support, and compliance guidance. Contact us today to create a workplace culture rooted in dignity and equality and where every person feels safe, supported, and truly valued.