Constitutional values and HIV/AIDS in the workplace: reflections on Hoffman v. South African Airways

Abstract

South Africa is experiencing an HIV/AIDS epidemic of enormous proportions. The workplace, like all the other sectors, is adversely affected. The tendency of a significant proportion of employers has been to discriminate against employees and job applicants living with HIV/AIDS through the use of HIV testing to exclude those that are HIV-positive. In the case of Hoffman v South African Airways, the Constitutional Court was asked to determine the constitutionality of excluding a job applicant on account of an HIV-positive status. The Court ruled in favour of the applicant and ordered instatement. Through an analysis of Hoffman v South African Airways, the article examines how constitutional values are impacting on HIV/AIDS-related ethics in the workplace.