Introduction
Employees and patients living with AIDS comprise two groups of people that experience discrimination and segregation in many places (Page et al, 2006). In workplaces, employees living with aids are discriminated against by their colleagues, employers, and supervisors because of their health status. This happens despite constitutional provisions that promote equality and fairness in the workplace. On the other hand, patients living with AIDS receive unfair treatment in hospitals. In many places, they are treated as outcasts and people, not deserving respect and consideration. Patients and employees living with AIDS should enjoy responsibilities and human rights similar to those enjoyed by everyone regardless of their health status (Page et al, 2006).
Rights and responsibilities of employees living with Aids
The Americans with Disabilities Act of 1990 was enacted to prevent discrimination against people with disabilities. People living with HIV and AIDS are classified under the people with disabilities group. Under the act, people with AIDS are entitled to similar rights and responsibilities that people who do not have AIDS enjoy (Maguire, 2007). Employers are not supposed to discriminate, segregate, or victimize employees physically or emotionally. As such, an organization’s policies and practices should be all-inclusive and cater to the needs of such employees (Maguire, 2007). For example, policies and procedures that govern remuneration, appointment, promotion, and dismissal should be executed fairly among all employees.
HIV-positive employees have a right to be promoted, transferred, or remunerated similarly to other employees. In addition, they have a right to all employee benefits that an organization offers such as medical aid, pension funds, training and development courses, and subscriptions to health clubs (Maguire, 2007). It is also their right to have their health information kept private by the employer. Unless it is a policy of an organization for employees to go for HIV tests, no employer should disclose his or her HIV status to an employer. However, if it is the policy of the organization, it is the responsibility of the employee to give accurate information to the employer.
It is the right of an HIV-positive employee to receive a promotion despite their health status. In addition, an employee should be neither dismissed nor demoted or transferred based on their HIV status. Promotion, demotion, transfer, or dismissal should follow the statutes of organizational policies that govern such actions (Maguire, 2007). If the employee can work and possesses the required knowledge and skills, then he/she should be considered for promotion just like other employees.
Employees living with AIDS experience certain health complications that reduce their effectiveness and productivity. Therefore, employers should develop schedules that accommodate their needs. Important adjustments include flexible working hours, sufficient rest periods, and adapted responsibilities (Maguire, 2007). This enables such employees to keep their jobs and provide for their families. It is the responsibility of employees to adhere to adjusted schedules and to maintain high productivity and efficiency. Employees also have a right to assess information on HIV and AIDS in the workplace. This is vital in efforts to help them improve their health and work performance. As such, it is their responsibility to attend all educational seminars and training courses on HIV and AIDS (Maguire, 2007).
Rights and responsibilities of patients living with AIDS
HIV patients have a right to quality health and medical care. This includes the right to offer grievances and complaints regarding the quality of care given. Medical care should adhere to the requirements of universal medical practices. The patient is responsible for ensuring that he or she receives quality and standard medical services that are given to other patients (Pozgar, 2011). Caregivers tend to sideline HIV patients by offering substandard services. Services given should be timely and devoid of delays that might cause further complications. In case there is a delay, the patient has a right to receive an apology or an explanation as to the cause of the delay.
HIV patients have a right to participate in developing their plan of care that includes therapy and medication (Pozgar, 2011). A patient may refuse certain medications based on personal or religious beliefs. As such, the caregiver should comply with the wish of the patient. The patient may decline to attend therapy sessions because of personal reasons. The caregiver should obey the wish of the patient and should not force them to attend therapy sessions if they are not prepared. HIV patients must attend therapy and counseling sessions. However, if they choose not to, they should not be forced because they have a right to make such decisions.
Medical records are private and should not be disclosed to anyone without the consent of the patient involved (Pozgar, 2011). HIV patients have a right to privacy. This implies that their medical information should be kept private and confidential. The patient can review or request copies of such records at any time without being denied access to them. Any unclear information should be explicated and clarified. In addition, they should be privy to certain changes such as fees, medications, and change of doctors (Pozgar, 2011). Patients should be allowed to choose doctors that they prefer unless it is the policy of the hospital to assign doctors to patients.
HIV patients have certain responsibilities. They should follow doctors’ guidelines without arguing or causing a commotion. Caregivers possess adequate knowledge and skills that enable them to offer quality health care services. Therefore, patients should listen to them and follow their directions. Patients should also give accurate and complete information regarding their health. This includes past illnesses, cases of hospitalization, and past medications (Pozgar, 2011). Other responsibilities include raising concerns over the quality of health care, meeting financial obligations fully, acting when dealing with other people, and strict adherence to treatment plans (Pozgar, 2011).
Conclusion
People with disabilities experience discrimination and unfair treatment in hospitals and workplaces. For example, people living with AIDS are discriminated against and victimized in hospitals and workplaces. The constitution contains provisions that promote fair treatment of patients and employees living with AIDS. They have rights and responsibilities that should be honored and respected by the law.
The rights of employees with AIDS include fair treatment, flexible work schedules, employee benefits, and equal promotion opportunities. On the other hand, the rights of patients with AIDS include privacy of medical records, quality medical care services, and the right to make decisions concerning matters that affect their treatment and well-being. They are responsible for following caregivers’ guidelines and respecting hospital staff and other people. Employees and patients living with AIDs should be respected and given their rights by the law.
References
Maguire, M. (2007). Hiv and Aids in the Workplace. New York: Grin Verlag.
Page, J., Jacobs, M., and Pakkiri, D. (2006). Working With HIV/AIDS. New York: Juta and Company Ltd.
Pozgar, G. (2011). Legal Aspects of Health Care Administration. New York: Jones & Bartlett Publishers.