HIV and employment

[wunnie]

I have a Thai friend who is 32 years old and HIV positive. He is a university graduate and until recently held down a very good job. He lives in Bangkok and has been to several interviews and has been accepted three times only to be told that the companies require a blood test, and then the offer is withdrawn. He is suicidal, as his family are unsympathetic and he has no money to move away. Does anyone know if this is legal in Thailand? Are there any advice organisations who can help him find a job and importantly give him the support he desperately needs?

[Tripod-Mike]

Wunnie, You must quickly take this entire post over to forum "Gaybuttonthai". PLEASE!!! I don't remember his name, but he is a frequent user of that forum and may be able to assist or offer beneficial suggestions. Go to www. gaybuttonthai.com and do it now! Good luck to him. By-the-way, what type of work did he do?

[lego]

I'm not sure if it's actually legal or not, but asking for a blood test (usually as part of a more comprehensive medical examination) when hiring someone is quite common in Thailand. And, this being Thailand, there isn't really anything you can do if the employer chooses not to hire you upon reading your results, i.e. you cannot really sue them with the goal to force them to hire you or at least pay compensation for discriminating against you.

Realistically, his best bet is to keep applying for jobs, sooner or later he will encounter an employer that doesn't ask for a blood test. Especially if he avoids applying for the kind of jobs where asking for a medical exam is standard procedure (food preparation, health care, etc.), but there are employers who get every applicant tested regardless.

[Manforallseasons]

I wish him luck but I doubt if they have ant anti discrimination laws governing employment, one only need read the classifieds in English in the Bangkok post or the Nation, it's quite common to specify things such as gender and age.

[christianpfc]

Do they say that the blood test includes HIV and that positive will not be accepted?

I vaguely remember (from reading on the internet) medical examination for other diseases, but not for HIV.

[Up2U]

A friend's Bf quit his hotel job when his employer asked him to take a blood test. Other staff members noted he excused himself to take his HIV meds as regularly scheduled and apparently reported him.

[jvt22222]

Good morning,

1. I took the liberty to send the original posting to a colleague within one of our TAKE CARE!! loops based in BKK who is an eminent consultant on a myriad of issues related to HIV/AIDS. He has come back to me with the following substantive email. I would expect that there are steps mentioned herein which could provide help and assistance to the person in question. Sort of depends on the amount of initiative the person with the problem has and how he determines to handle the situation.

2. As suggested at the end of my colleague's response, I will be pleased to pursue this further with wider coverage, but would want the original poster's ("Wunnie") go-ahead before I do.

TAKE CARE!!

++++++++++++++++++++++++++++++++++++++

It has always been my understanding that Thai law prohibits mandatory HIV testing. But in practice, I hear often about this very thing. It is possible that certain companies are exempt from these laws, as they are from Thailand labor laws as well (no holidays, no overtime pay, 6-day work weeks, etc.) such as hotels, restaurants and bars.

It's a big hole in the HIV services in Thailand, I believe; that is, legal remedies and assistance for PLHIV and/or LGBT. UNDP has been doing a lot of work, regionally and globally, on HIV and the law issues. It is possible that they have or know of such resources as well, including having done or having access to analysis or reviews of laws related to HIV for Thailand and other Asia Pacific countries.

That said, I believe he could seek and get assistance from The HIV Foundation. They conduct support groups, provide counseling and can at least refer, I believe, to other places for employment opportunities and possibly legal assistance. I would refer him there immediately. For sure, they will help provide psychosocial support for his suicidal ideations.

Web: http://www.thfthailand.org/HOME.html [has Thai/English language options]

FaceBook: https://www.facebook.com/thfthailand

From FaceBook:

The HIV Foundation
Thai Ocean Building, Floor 18, Suite18J Surwangse Rd, Bangrak
Bangkok, Thailand 10500

Phone 02 634 0541
Email admin@thfthailand.org
Website http://www.thfthailand.org

I would also refer him to AIDS Access Foundation, founded by Senator (former) Jon Ungphakorn, human rights advocate.
Web: http://www.aidsaccess.com/07/Enmain.php [has Thai/English language options]

The regional advocacy group I was affiliated with in the past, APCOM, was keeping track of legal referral sources for MSM and HIV. He might contact them.
Web: http://www.apcom.org/

As well, regional advocacy group set up to assist PLHIV, and also based here in Bangkok, should help as well, Asia Pacific Network of People Living with HIV/AIDS (APN+).
Web: http://www.apnplus.org/тАО

Hope he can follow thru with assistance. And I do encourage you to post this and/or simply a request for additional information about this topic to the MSM Asia Google Group. I believe members will respond.

[wunnie]

Dear jvt2222. Thank you so much for your informative reply. I have forwarded it on to my friend, and have begged him to phone the Foundation. I will keep you informed of any progress.

[gregvc]

My friend was is the same situation. Worked for big 5 star hotel chain and had a high position. Kept putting the blood test off. This is a good example of the difference between a developed and developing country -the issue of rights. (is Brunei a developed country? Stoning of gays would usually not be inc). Strange how Thais are quite reluctant to use condoms with the high risks involved (30% of those MSM tested in BKK are positive, up from 17% 10 yrs ago) but on the other hand they don't want to confront the results later on. Maybe not so strange. Meds are available through GPO but if they ignore then it can be too late. When my partner was diagnosed in 1999 the nurse at the Red Cross advised him to go home and take Baygon!! Fortunately, knowledge is power and he is well, and gets meds form Aust.

[gregvc]

Adams Love is the local MSM with trendy campaigns all in Thai and English and info too.
http://www.adamslove.org/