Practice question
An employer denies promotion partly because it suspects an employee has HIV and partly because of an unrelated disputed performance concern. It admits HIV suspicion influenced the decision but argues Section 49(a) applies only when status is the sole reason. Which is correct?
- A second reason automatically removes the prohibition.
- Suspected status is outside the statute.
- Only an employee's public disclosure triggers protection.
- The defense misreads the Act, which expressly reaches decisions solely or partially based on actual, perceived or suspected HIV status.
- Every disputed appraisal necessarily proves HIV discrimination even without evidence.
Legal references
- RA 11166 Sections 29–31,44–45,49: https://lawphil.net/statutes/repacts/ra 2018/ra_11166_2018.html
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