Public Consultation Form (EN)
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SECTION 1
Non-discrimination against People Living HIV at the Workplace
1. What is HIV-related discrimination? Please provide us with examples and frequency of the types of actual discrimination faced.
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2. Who should be protected from HIV-related discrimination?
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3. Are the prohibitions outlined above sufficiently comprehensive to eliminate HIV-related discrimination at workplace?
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4. What other prohibitions should be included?
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5. Are the pre-requisites (employer’s written statement, etc) to terminate HIV positive employees sufficient to protect them from discriminatory termination?
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6. What should be the penalty for HIV-related discrimination?
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SECTION 2
Confidentiality of HIV Status
1. Under what circumstances, must an employee disclose his/her HIV status tothe employer? What if disclosure is required by insurance companies with which the employer maintains coverage for its employees?
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2. How to prohibit HIV-related discrimination if the employer does not know his/her employees are infected or affected with HIV (Eg. Employees living with HIV may be terminated on the grounds of absenteeism by if the employers do not know the employees’ HIV status)?
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3. Is it necessary to impose a penalty on breach of HIV-positive employee’sprivacy and confidentiality? If so, what should be the penalty?
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SECTION 3
Education and Awareness Programmes
1. Education/awareness programmes are aimed at reducing stigmatisationagainst and fear of people living with HIV. Should education/awareness programmes be mandatory and compulsory? If so, how should they be implemented?
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2. Are there any courses which employees are already obliged to attend?
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3. What should the educational and awareness programmes be?– HIV 101 by the Malaysian AIDS Foundation?
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4. Who is responsible for creating and developing the contents of the educational and awareness programmes?
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5. Is there a way to require employers to send one employee every year to attend this course and then teach others what he or she learned as part of employee training?
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6. What are the challenges that businesses and particularly, small and medium enterprises (SMEs) will face in implementing the education and awareness programmes? What should be done to address the challenges? Should these obligations only be imposed on companies employing more than a minimum number of employees, say 50?
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7. What type of other measures should be implemented? Please support your proposed measures with examples practiced in other jurisdictions and cost benefit analyses and evidence of post-implementation measures of effectiveness.
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SECTION 4
Redress Mechanism
1. Do you think the redress system is effective? If not, what are the other options that should be considered? Please support your proposed redress system with examples practiced in other jurisdictions and cost-benefit analyses and evidence of post-implementation measures of effectiveness?
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2. Do you think an HIV-positive employee will utilise the redress mechanism? If not, what obstacles do you anticipate in terms of barriers to use the mechanism?
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3. Do you think fine and/or monetary compensation is sufficient to deter companies from adopting discriminatory practices towards HIV-Positive employees? What are the other penalties that should be considered?
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4. Do you think the establishment of the Fund with the fines collected under the Proposed Regulation to pay monetary compensation to the affected HIV positive employee is feasible? Why?
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