FARAH FADZLIA JAMALUDIN
           MATAHATI MAHBOL
UNGKU AMINAH UNGKU ZAKARIA
The protection is the major
  needed in the workplace for
                                      Statistic
protect employee and employers
       from the infection.




                           HIV/AIDS



Individuals whose inspect with
the HIV/AIDS need the suitable
   environment and proper
    facilities to build their
confidence and level of secure
    towards surroundings.
A specific type of white blood cell that plays a large role in helping
your body fight disease.
The virus that causes AIDS. the virus is acquired
   through sexual activity, sharing of infected needles
and cutting instruments, contaminated blood supplies
  and mother-to-fetus/infant transmission. The virus
   remains in the body for 5 to 10 years or more AIDS
      appear. The virus is detected in the bloodstream
                                    through ELISA test.
The late stage of HIV disease. AIDS involves the loss of
   function of the human immune system as CD4 cells are
 infected and destroyed, allowing the body to succumb to
opportunistic in function that are generally not pathogenic
                      in people with infact immune system.
Sex
Pregnancy



 Sharing       Blood
 Needles    Transfusion
Infected if you have         The virus can entering body
vaginal, anal or oral sex with   through mouth sores or small
  an infected partner whose      tears that sometimes develop
   blood, semen or vaginal          in the rectum or vagina
 secretions enter your body.         during sexual activity.
Virus can be
  transmitted
through blood
 transfusions.
• HIV can be transmitted through needles and
  syringes contaminated with infected blood.




• Sharing intravenous drug paraphernalia puts
  individual at high risk of HIV and other
  infectious diseases such as hepatitis.
If women receive
Infected mothers can
                          treatment for HIV
  infect their babies
                           infection during
 during pregnancy or
                         pregnancy, the risk
 delivery, or through
                          to their babies is
   breast-feeding.
                        significantly reduced
The social and economic impact of the disease is
intensified by the fact that AIDS kills primarily young and
  middle-aged adults during their peak productive and
                    reproductive years.


                                         As concern government, Malaysia has
                                         provided various methods in helping
While assessing the economic impact           the HIV/AIDS’s individuals.
   of AIDS is very difficult, studies    * Provides the program about the
suggest that some of the hardest-hit     dangerous of drug.
 countries may forfeit 2% or more of
                                         * Gives fully support to non-
GDP growth per year as a result of the
                                         government organization (NGO) for
              epidemic.
                                         advocate awareness of drug
                                         * Enforce the law to protect
                                         individuals.
A company’s
                                     Helped control the
Companies       involvement in
                                     spread of disease
form one part   community
                                     has been
of that         HIV/AIDS
                                     conspicuous
environment.    prevention has
                                     leadership, which
                been found to
                                     entails willingness
                increase its
                                     by societal leaders
                profile and public
                                     to speak out on
                respect.
                                     HIV/AIDS
                                     prevention care
                                     and frankly.
Workers also                  Unions and other workers’
   have a                     representatives can assure
central role                that HIV/AIDS prevention and
 to play in                  care are part of discussions
community                       and negotiations with
prevention.                          companies.




      employee needs to gain the knowledge, and also
       avoid in nearing the place that brought them to
                 the drug and HIV infections..
Resident have to
  Society has
                                            provide many
    different
                                        activities that able to
perception when
                                        make people gather
HIV/AIDS issues
                                         and taking care for
 are raised up.
                                             each others.
                   Should avoid “NOT
                   KNOWING” attitude
                      but aware and
                    response towards
                   their environment.
 Society should                         Play roles to accept
 not neglect the                        and give supportive
  right of the                            morale towards
person had been                         former drug addicts
   infected by                            to heal from the
    HIV/AIDS.                              drug and feel
                                        accepted within the
                                              society.
Universal Declaration of Human Rights in
  1948 - The rights to live, to dignity, to
   work, to non-discrimination, and to
 education, are some of the examples that
could enable a person to make choices that
  would – in his or her own wa ymake life
              meaningful and
   rewarding, physically, mentally, and
                emotionally.




  UNAIDS, “The risk of HIV infection and its
     impact feeds on violations of human
   rights, including discrimination against
women and marginalized groups such as sex
 workers, people who inject drugs, and men
who have sex with men. HIV also frequently
   begets human rights violations such as
     further discrimination and violence.”
Most countries utilized existing public health laws and
               regulations to address HIV/AIDS.



   In 2001, the ILO released a Code of
  Practice on HIV/AIDS in the workplace
Recommendation CONCE RNING HIV and
 AID S and the world of work, 2010 (No.
  200), in particular UNAIDS, to tap into
the immense contribution that the world
 of work can make to ensuring universal
access to prevention, treatment, care and
                 support.




                                              In 2001 Ministry of Human Resources
                                               has develop e a Code of Practice on
                                            Prevention and Management of HIV/AIDS
                                              at the Workplace to guide employers
                                              and employees on ways to promote a
                                              non-discriminatory work environment
                                             and manage HIV cases in the workplace
Careful
                                                                Provision of
  handling and                            Ensuring that
                    Reporting of any                          post-exposure
   disposal of                              adequate
                      incidents of                             prophylactics
 sharps such as                            supplies are
                       exposure;                              (PEP packs) for
   needles or                               available;          clinical and
   other sharp
                                                             laboratory staff.
     objects;




                                                               Ensuring that
                                        Use of protective    referral hospitals
                                         barriers such as        for blood
Use of single-use     Hand washing
                                          gloves, gowns      transfusions have
 or auto-disable     before and after
                                          and masks for         processes to
   syringes in      accidents/proced
                                          direct contact        ensure safe
     clinics;             ures;
                                          with blood or            blood
                                        other body fluids;   supplies, such as
                                                             blood banks; and
She brought suit under Title
                                                                       III of the Americans with
                                Dr. Bragdon examined her in
                                                                       Disabilities Act of 1990,            This case in which
                                his dental office, but refused
                                                                        which prohibits private          the Supreme Court of the
   Abbott HIV positive when     to fill her cavity in his dental
                                                                           providers of public             United States held that
   seeking dental treatment     office, although he indicated
                                                                     accommodations (such as a         reproduction does qualify as a
from Randon Bragdon (Dentist   that he would fill her cavity in
                                                                          private dentist) from        major life activity according to
          in Maine.)            only a hospital and that she
                                                                         discriminating against             the Americans with
                                 would be required to bear
                                                                           otherwise qualified         Disabilities Act of 1990 (ADA).
                               additional hospital expenses.
                                                                   individuals with disabilities on
                                                                    the basis of their disabilities.
Sidney Abbott, after disclosing on a form that she was
'asymptomatic' HIV positive, was refused service from
     her dentist, Randon Bragdon, to fill a cavity.


                                                                                     Abbott argued that HIV created a
Bragdon submitted that he would agree to fill the cavity if he could perform the
                                                                                       “substantial limitation” to life
work in a hospital setting, but that Abbott would have to pay for the expense of
                                                                                    activities, specifically, reproductive
                      being admitted and using the facility.
                                                                                                    ability.




                                                                                   Bragdon, the defendant, retorted that
                                                                                      HIV posed a “direct threat” to his
                                           The case was appealed through the         health and safety, but that he was
Abbott sued Bragdon on grounds of
                                            court system and eventually was         willing to work on Abbott should he
discrimination, citing the Americans
                                           agreed to be heard by the Supreme       be able to take “extra precautions” in
    with Disabilities Act of 1990.
                                                         Court.                        a hospital setting. Federal trial
                                                                                     courts, as well as appellate courts
                                                                                          ruled in favor of Abbott.
• The major issues that were heard and decided upon by the Supreme Court included:
             whether HIV is a disability and reproduction a major life activity under the ADA.
             Accordingly, can a physician refuse or alter care of a patient with HIV without violating

 Issues      portions of the ADA?




           • The court ruled that reproduction does qualify as a major life activity under the ADA, and
             that even asymptomatic HIV would qualify Abbott to claim protection from the act. The
             Court held that the ADA does not force care-givers to treat those who pose a direct
             threat and that health care professionals cannot be granted deference to their views when

Decision     serving as a defendant in discrimination cases. The decision does not grant blanket
             protection under the ADA to all persons with HIV.




           • The Court utilized the Americans with Disabilities Act of 1990, which aimed to eliminate
             discrimination towards people with disabilities in the workplace, public areas and by
             government entities.
           • In order to receive protection from the ADA, Abbott was required to show that she had an

Reason       impairment, and that it substantially limited a major life activity, on which the Court sided
             with her claim.
Flowers worked primarily as a medical assistant for Dr. James Osterberger




Flowers was employed by Defendant-Appellant Southern Regional Physician Services, Inc. (“Southern Regional”)
from September 1, 1993 to November 13, 1995.




Flowers was terminated from Southern Regional in November 1995.




In early March 1995, Margaret Hallmark, Flowers's immediate supervisor, discovered that Flowers was infected
with the Human Immunodeficiency Virus (“HIV”).




Flowers claimed both that she was terminated because of her disability and also that she was subjected to
“harassing conduct” designed to “force [her] from her position or cast her in a false 12101-12213 (1995).



After receiving the requisite Right to Sue Letter from the EEOC, Flowers filed suit in federal court asserting a
violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ On October 6, 1996, Flowers filed a charge
of discrimination with the Equal Employment Opportunity Commission (“EEOC”), alleging that Southern Regional
had engaged in unlawful discrimination because of Flowers's status as a disabled person.
The plaintiff's employers
                                        became cold and distant
                                          toward the plaintiff;

            Flowers was subjected to
                                                                    The plaintiff was required
                 disability-based
                                                                    to take an unprecedented
            harassment that created a
                                                                       number of drug test
            hostile work environment.




                                                                                 The plaintiff was written
 Flowers's disability was                                                         up and disciplined an


                                          ISSUES
not a motivating factor in                                                      unprecedented number of
   southern regional's                                                           times and brought into
decision to terminate her                                                         meetings under false
      employment,                                                                pretenses, in which she
                                                                                   was verbally abused
Decision
 The court held that there was no evidence of injury such that the
plaintiff could recover more than nominal damages. However, the
court stated that its holding was specific to the plaintiff’s inability
  to demonstrate that she had suffered any injury. In doing so, it
     maintained that damages could be appropriate in a similar
case, stating “daily harassment towards an HIV-positive individual
      such as [the plaintiff] may not only affect that individual
   emotionally, but may also cause a decline in the health of that
    individual, resulting in particularized physical consequence.”
Bashah binti mustaffa




                               Teacher of the quran




  Found infected with HIV due to undergo a blood transfusion from hospital jitra.




                                  Lose income.




                 Claimed damages amounting to RM3.25 million




    The court ordered the jitra hospital pay damages of RM450,000.00 to her.



Granted general damages , (costs, benefits and pain, trauma and suffering to borne
                                     bashah)
The lack of dissemination of information




                       Precautions




  Research to reduce stigma and discrimination
              against HIV patients.



The “prostar” which aims to increase knowledge of
             young people about hiv.




                          Action



                               Established reproductive health
 Special program for young
                                 services and youth-friendly
  school leavers and young
                               sexual based on confidentiality
 workers and peer education                and trust
HIV/AIDS is the one of the major
disease that need the protection and       Statistic was shown that male
     secure environment for the         getting the higher percentage death
   employee and employers at the               cause of the HIV/AIDS.
             workplace.




           Individuals who
  have HIV/AIDS and working as.             All parties involved should
           Employee in any                cooperate with one another to
   organization MUST know the                 enable individuals who
       rights that can protect          have HIV good daily life and protect
   itself during operation of the          themselves from the disease.
               service.



                      Guidance from the international
                    Labour Organization (ILO) regarding
                       managing and protecting the
                        workplace could be under
                         consideration to maintain
                     harmonize and safety while doing
                                 the jobs.

HIV/AIDS at workplace

  • 1.
    FARAH FADZLIA JAMALUDIN MATAHATI MAHBOL UNGKU AMINAH UNGKU ZAKARIA
  • 4.
    The protection isthe major needed in the workplace for Statistic protect employee and employers from the infection. HIV/AIDS Individuals whose inspect with the HIV/AIDS need the suitable environment and proper facilities to build their confidence and level of secure towards surroundings.
  • 6.
    A specific typeof white blood cell that plays a large role in helping your body fight disease.
  • 7.
    The virus thatcauses AIDS. the virus is acquired through sexual activity, sharing of infected needles and cutting instruments, contaminated blood supplies and mother-to-fetus/infant transmission. The virus remains in the body for 5 to 10 years or more AIDS appear. The virus is detected in the bloodstream through ELISA test.
  • 8.
    The late stageof HIV disease. AIDS involves the loss of function of the human immune system as CD4 cells are infected and destroyed, allowing the body to succumb to opportunistic in function that are generally not pathogenic in people with infact immune system.
  • 10.
    Sex Pregnancy Sharing Blood Needles Transfusion
  • 11.
    Infected if youhave The virus can entering body vaginal, anal or oral sex with through mouth sores or small an infected partner whose tears that sometimes develop blood, semen or vaginal in the rectum or vagina secretions enter your body. during sexual activity.
  • 12.
    Virus can be transmitted through blood transfusions.
  • 13.
    • HIV canbe transmitted through needles and syringes contaminated with infected blood. • Sharing intravenous drug paraphernalia puts individual at high risk of HIV and other infectious diseases such as hepatitis.
  • 14.
    If women receive Infectedmothers can treatment for HIV infect their babies infection during during pregnancy or pregnancy, the risk delivery, or through to their babies is breast-feeding. significantly reduced
  • 19.
    The social andeconomic impact of the disease is intensified by the fact that AIDS kills primarily young and middle-aged adults during their peak productive and reproductive years. As concern government, Malaysia has provided various methods in helping While assessing the economic impact the HIV/AIDS’s individuals. of AIDS is very difficult, studies * Provides the program about the suggest that some of the hardest-hit dangerous of drug. countries may forfeit 2% or more of * Gives fully support to non- GDP growth per year as a result of the government organization (NGO) for epidemic. advocate awareness of drug * Enforce the law to protect individuals.
  • 20.
    A company’s Helped control the Companies involvement in spread of disease form one part community has been of that HIV/AIDS conspicuous environment. prevention has leadership, which been found to entails willingness increase its by societal leaders profile and public to speak out on respect. HIV/AIDS prevention care and frankly.
  • 21.
    Workers also Unions and other workers’ have a representatives can assure central role that HIV/AIDS prevention and to play in care are part of discussions community and negotiations with prevention. companies. employee needs to gain the knowledge, and also avoid in nearing the place that brought them to the drug and HIV infections..
  • 22.
    Resident have to Society has provide many different activities that able to perception when make people gather HIV/AIDS issues and taking care for are raised up. each others. Should avoid “NOT KNOWING” attitude but aware and response towards their environment. Society should Play roles to accept not neglect the and give supportive right of the morale towards person had been former drug addicts infected by to heal from the HIV/AIDS. drug and feel accepted within the society.
  • 24.
    Universal Declaration ofHuman Rights in 1948 - The rights to live, to dignity, to work, to non-discrimination, and to education, are some of the examples that could enable a person to make choices that would – in his or her own wa ymake life meaningful and rewarding, physically, mentally, and emotionally. UNAIDS, “The risk of HIV infection and its impact feeds on violations of human rights, including discrimination against women and marginalized groups such as sex workers, people who inject drugs, and men who have sex with men. HIV also frequently begets human rights violations such as further discrimination and violence.”
  • 26.
    Most countries utilizedexisting public health laws and regulations to address HIV/AIDS. In 2001, the ILO released a Code of Practice on HIV/AIDS in the workplace Recommendation CONCE RNING HIV and AID S and the world of work, 2010 (No. 200), in particular UNAIDS, to tap into the immense contribution that the world of work can make to ensuring universal access to prevention, treatment, care and support. In 2001 Ministry of Human Resources has develop e a Code of Practice on Prevention and Management of HIV/AIDS at the Workplace to guide employers and employees on ways to promote a non-discriminatory work environment and manage HIV cases in the workplace
  • 28.
    Careful Provision of handling and Ensuring that Reporting of any post-exposure disposal of adequate incidents of prophylactics sharps such as supplies are exposure; (PEP packs) for needles or available; clinical and other sharp laboratory staff. objects; Ensuring that Use of protective referral hospitals barriers such as for blood Use of single-use Hand washing gloves, gowns transfusions have or auto-disable before and after and masks for processes to syringes in accidents/proced direct contact ensure safe clinics; ures; with blood or blood other body fluids; supplies, such as blood banks; and
  • 31.
    She brought suitunder Title III of the Americans with Dr. Bragdon examined her in Disabilities Act of 1990, This case in which his dental office, but refused which prohibits private the Supreme Court of the Abbott HIV positive when to fill her cavity in his dental providers of public United States held that seeking dental treatment office, although he indicated accommodations (such as a reproduction does qualify as a from Randon Bragdon (Dentist that he would fill her cavity in private dentist) from major life activity according to in Maine.) only a hospital and that she discriminating against the Americans with would be required to bear otherwise qualified Disabilities Act of 1990 (ADA). additional hospital expenses. individuals with disabilities on the basis of their disabilities.
  • 32.
    Sidney Abbott, afterdisclosing on a form that she was 'asymptomatic' HIV positive, was refused service from her dentist, Randon Bragdon, to fill a cavity. Abbott argued that HIV created a Bragdon submitted that he would agree to fill the cavity if he could perform the “substantial limitation” to life work in a hospital setting, but that Abbott would have to pay for the expense of activities, specifically, reproductive being admitted and using the facility. ability. Bragdon, the defendant, retorted that HIV posed a “direct threat” to his The case was appealed through the health and safety, but that he was Abbott sued Bragdon on grounds of court system and eventually was willing to work on Abbott should he discrimination, citing the Americans agreed to be heard by the Supreme be able to take “extra precautions” in with Disabilities Act of 1990. Court. a hospital setting. Federal trial courts, as well as appellate courts ruled in favor of Abbott.
  • 33.
    • The majorissues that were heard and decided upon by the Supreme Court included: whether HIV is a disability and reproduction a major life activity under the ADA. Accordingly, can a physician refuse or alter care of a patient with HIV without violating Issues portions of the ADA? • The court ruled that reproduction does qualify as a major life activity under the ADA, and that even asymptomatic HIV would qualify Abbott to claim protection from the act. The Court held that the ADA does not force care-givers to treat those who pose a direct threat and that health care professionals cannot be granted deference to their views when Decision serving as a defendant in discrimination cases. The decision does not grant blanket protection under the ADA to all persons with HIV. • The Court utilized the Americans with Disabilities Act of 1990, which aimed to eliminate discrimination towards people with disabilities in the workplace, public areas and by government entities. • In order to receive protection from the ADA, Abbott was required to show that she had an Reason impairment, and that it substantially limited a major life activity, on which the Court sided with her claim.
  • 35.
    Flowers worked primarilyas a medical assistant for Dr. James Osterberger Flowers was employed by Defendant-Appellant Southern Regional Physician Services, Inc. (“Southern Regional”) from September 1, 1993 to November 13, 1995. Flowers was terminated from Southern Regional in November 1995. In early March 1995, Margaret Hallmark, Flowers's immediate supervisor, discovered that Flowers was infected with the Human Immunodeficiency Virus (“HIV”). Flowers claimed both that she was terminated because of her disability and also that she was subjected to “harassing conduct” designed to “force [her] from her position or cast her in a false 12101-12213 (1995). After receiving the requisite Right to Sue Letter from the EEOC, Flowers filed suit in federal court asserting a violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ On October 6, 1996, Flowers filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”), alleging that Southern Regional had engaged in unlawful discrimination because of Flowers's status as a disabled person.
  • 36.
    The plaintiff's employers became cold and distant toward the plaintiff; Flowers was subjected to The plaintiff was required disability-based to take an unprecedented harassment that created a number of drug test hostile work environment. The plaintiff was written Flowers's disability was up and disciplined an ISSUES not a motivating factor in unprecedented number of southern regional's times and brought into decision to terminate her meetings under false employment, pretenses, in which she was verbally abused
  • 37.
    Decision The courtheld that there was no evidence of injury such that the plaintiff could recover more than nominal damages. However, the court stated that its holding was specific to the plaintiff’s inability to demonstrate that she had suffered any injury. In doing so, it maintained that damages could be appropriate in a similar case, stating “daily harassment towards an HIV-positive individual such as [the plaintiff] may not only affect that individual emotionally, but may also cause a decline in the health of that individual, resulting in particularized physical consequence.”
  • 39.
    Bashah binti mustaffa Teacher of the quran Found infected with HIV due to undergo a blood transfusion from hospital jitra. Lose income. Claimed damages amounting to RM3.25 million The court ordered the jitra hospital pay damages of RM450,000.00 to her. Granted general damages , (costs, benefits and pain, trauma and suffering to borne bashah)
  • 41.
    The lack ofdissemination of information Precautions Research to reduce stigma and discrimination against HIV patients. The “prostar” which aims to increase knowledge of young people about hiv. Action Established reproductive health Special program for young services and youth-friendly school leavers and young sexual based on confidentiality workers and peer education and trust
  • 43.
    HIV/AIDS is theone of the major disease that need the protection and Statistic was shown that male secure environment for the getting the higher percentage death employee and employers at the cause of the HIV/AIDS. workplace. Individuals who have HIV/AIDS and working as. All parties involved should Employee in any cooperate with one another to organization MUST know the enable individuals who rights that can protect have HIV good daily life and protect itself during operation of the themselves from the disease. service. Guidance from the international Labour Organization (ILO) regarding managing and protecting the workplace could be under consideration to maintain harmonize and safety while doing the jobs.