Testing for HIV

Since 1985 the Ontario Human Rights Commission has recognized that AIDS, as an illness, falls within the definition of "handicap" under the Code. Accordingly all persons infected with HIV or with HIV-related illness, including those that are asymptomatic, are entitled to the full protection of the guarantees of equal treatment in respect of employment. The Commission has stated, in its policy statements, that in most work settings testing or other protective measures in dealing with HIV infection or HIV-related illness would not be permitted since these individuals pose virtually no risk to those with whom they interact. However, the Commission will make a determination, on a case-by-case basis, where the employer alleges that special measures have to be taken in the workplace.

The position of the Canadian Human Rights Commission on testing for HIV is virtually the same as the Ontario Human Rights Commission.

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