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HIV Patient Post Employment Illegal Status Disclosure

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Arresto Menor

I've been working in the BPO industry for the past 10 years. Last 2010, I've been diagnosed to have contracted HIV. During that time, I wanted to resign from my current employment. I was discouraged by the management from resigning, hence, I stayed for another 3 years. Just recently, I have decided to resign due to personal reasons. Fortunately, a good employment opportunity opened up after being unemployed for 3 months and I went through the usual hiring process. As expected, I provided my prior company's HR personnel's contact information and the company number for background check. The following week from my initial interview with this new company, I was requested to undergo a standard medical exam, to which I agreed to. Afterwhich, I have received this email from the new company:

"Hi ****,

Generic, but pls note you can not hide info from us, should you have anything to tell us about your health ( for example but not limited to HIV) we want to know, this is not going to make or break our decision, but this will show us also your openness and direct approach, honesty level which is our priority in the company. We already employed before and now people from all walks of life, we are not discriminating due to religion , skin color or sexual behavior, we only evaluate the person for who he is and his performance.

Honesty first.!!!
Thank you"

I have a feeling that my prior employer disclosed my status to the new company I was applying to. There could only be two possibilities, either that HR disclosed my status or my prior supervisor did.

I fear that this would continue to happen as I apply for other job opportunities since I did not push through with my application with the new company - for fear of being singled out. I would like to request your help. How should I go about this unfair treatment. Privacy should have been kept according to:

Republic Act 8504

Sec. 30. Medical confidentiality. — All health professionals, medical instructors, workers, employers, recruitment agencies, insurance companies, data encoders, and other custodians of any medical record, file, data, or test results are directed to strictly observe confidentiality in the handling of all medical information, particularly the identity and status of persons with HIV.

Sec. 35. Discrimination in the workplace. — Discrimination in any form from pre-employment to post-employment, including hiring, promotion or assignment, based on the actual, perceived or suspected HIV status of an individual is prohibited. Termination from work on the sole basis of actual, perceived or suspected HIV status is deemed unlawful.

Thank you.


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Reclusion Perpetua
You have to prove that your previous employer or co-employee disclosed the information.

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