5.1) No person may unfairly discriminate against an employee, or an applicant for employment, on the basis of his or her HIV status. This means that no person with HIV or AIDS shall be treated unfairly within the employment relationship or within any employment policies or practices, including with regard to:
i) recruitment procedures, advertising and selection criteria;
ii) appointments and the appointment process;
iii) job classification or grading;
iv) remuneration, employment benefits and terms and conditions of employment;
v) job assignments;
vi) the working environment and facilities;
vii) training and development;
viii) performance evaluation systems;
ix) promotion, transfer and demotion;
x) disciplinary measures short of dismissal; and
xi) termination of services.
5.2) Employers and employees should adopt appropriate measures to ensure that employees with HIV and AIDS are not unfairly discriminated against and are protected from victimisation through positive measures such as:
i) the development of HIV/AIDS policies and programmes for the workplace;
ii) awareness, education and training on the rights of all persons with regard to HIV and AIDS;
iii) mechanisms to promote acceptance and openness around HI V/AIDS in the workplace;
iv) support for all employees infected or affected by HIV and AIDS; and
v) grievance procedures and disciplinary measures to deal with HIV related complaints in the workplace.