Thorny Issue of Stigma against People with AIDS in the Workplace - Essay Example

Table of contents 1. Introduction 1 2. Research on HRM and occupational health matters 2 3. Government interventions 3 4. AIDS Situation in the workplace 4 5. Organizational interventions 4 6. Emerging ethical issues in the workplace: Focus on HIV/AIDS 5 7. Confidentiality rights versus public health concerns 6 8. Legal and policy approaches 8 9. Societal responses to spread of HIV/AIDS 8 10. Recommendations 9 Legal perspective 10 Ethical perspective 10 HR Perspectives 11 11. References 12 Introduction This case study highlights the thorny issue of stigma against people with AIDS in the workplace. This raises the question of whether or not people should make their HIV/AIDS status make known to their colleagues. In this case, Sally Taylor, the human resource manager at Walton Jones Ltd finds herself in a very tricky situation where the company’s performance is dropping due to anxiety about the supposed “risks” of working and sharing utilities with a colleague who suffers from AIDS. This case study highlights various issues, namely (a) the need for AIDS education among employees, (b) the need for a company policy on how to handle AIDS-related issues, (C) the human resource strategies that ought to be in place in order to anticipate and stop stigma against people with AIDS. These are the issues that this analytical report is going to discuss in detail in order to offer the most reasonable and practical recommendations. The case study also raises the question of what should be done when one employee is discovered to be terminally ill. Are there policy frameworks for facilitating adjustment in quantity of work done in order to cover for the tasks that the ill colleague used to do? In the case of Walton Jones, it seems as if such a policy was lacking, that the other employees merely decided to “sit in” for their colleague who had been on sick leave for six months. This report will assess whether any rights were eroded through the manner in which the company made the HIV status of William O’Malley known to other colleagues. It will also explore various alternative measures that would have been taken in order to avert the situation. The implications of this situation on the company will also be evaluated. Legislation on occupational health seems not to have been followed in this company’s case. This report will shed on light on the nature of this legislation. Research on HRM and occupational health matters According to UN Secretary-General, Ban Ki Moon, the challenge of stigma against people with AIDS is very real, and it has made this disease become a silent killer because no one wants to suffer from social disgrace. This prevents AIDS patients from taking precautions and therefore the epidemic continues to devastate many societies all over the world. Modern corporate environments also suffer the risk of encountering stigma and bringing devastating effects on productivity, as seen in the Walton Jones Ltd’s case. Sally Taylor, as a HRM manager, must be aware of different HRM issues and recommended practices when it comes to occupational health matters. Whereas the company could already be having an occupational health policy that is up and running, the AIDS scourge in our societies brings peculiar challenges that require new HRM intervention measures. Scholars suggest that these measures require that the existing occupational health policies be amended in order to facilitate AIDS education (Dowsett, et al 1992). Like every HRM manager, Sally has to consider the cost factor. The cost of educating employees or implementing new health policies might be reasonably low. In fact, it will be determined more by the budgetary allocations than the provisions of government guidelines. Other than education, employee safety is a priority area for the manager. He must be worried that colleagues who might ignorantly start spreading claims about malicious AIDS infections might harm William O’Malley. The exacerbating factor for such a decision might be pegged in O’Malley’s sexuality. Government interventions Government regulations bring a new dimension into matters of occupational health. The Occupational Safety and Health Act of 1970 is the best reference point for workplace health standards and guidelines that all companies and organizations must adhere to. This act promotes use of educational programs that are sponsored by the employer. The aim of these programs should be to foster health and safety in the workplace. The act also describes the manner in which health-related matters of the employee should be taken recorded and stored. This act has resulted in creation of different agencies, including Occupational Safety and Health Review Commission and The Occupational Safety and Health Administration (OSHA). The role of OSHA is to develop and enforce health standards within the workplace. National Institute for Occupational Safety and Health was also formed through the provisions of the act. Its role is to carry out research relating to health and safety in order to offer suggestions on new standards and update previous health policy standards. AIDS Situation in the workplace In many workplaces, the threat that is posed by HIV/AIDS is widely acknowledged, this is clear even at Walton Jones Ltd. The HRM manager readily appreciates that fact that one of his employers is suffering the disease even when this communication has been made covertly. This shows how sensitive the HIV/AIDS matter is considered. Although ordinarily this would not be seen to be insensitive of the HRM manager, she hates herself for acting in an insensitive manner while discussing the health matter with O’Malley. Organizational interventions The matter of employees’ morale has to take precedence and this is why the HRM manager’s boss had to enquire about the matter. This presents the HRM manager with a dilemma as she prepares for a meeting with her boss in order to discuss William O’Malley. Although Sally understands the need for employee education, the company might not be ready to incur the cost of this education. Right now, the immediate problem being created by the AIDS status of O’Malley has to be solved. Whether or not this ill employee will be laid off and compensated will depend on various policy frameworks, the goals to be achieved, and the moral conscience of the company management (Pittam, J. and G. Cynthia, 2000). Emerging ethical issues in the workplace: Focus on HIV/AIDS Today, many companies have workplace programs on HIV and AIDS. It is surprising that such a program does not exist in Walton Jones. In this case, Sally Taylor ought to table a proposal for such a program, in line with the Occupational Safety and Health Act of 1970. According to survey done by National Workplace Health Promotion, it was revealed that out of the 688 companies that were surveyed, only 7.4% ran a HIV/AIDS program aimed at education people in the workplace. This figure is too low compared to the 42% of all the companies surveyed where an exercise program for HIV/AIDS existed. Slightly lower were the figures for companies with a nutritional program, at 39%. This shows that there are many “Walton Jones Ltds” in the world today. Out of all the companies where this survey was carried out, 75% of them were of the view that HIV and AIDS affected the productivity of their company. Additionally, 81% of the respondents believed that the disease had far-reaching effects on morale of workers. Then, 82% agreed that the company had a role to play in addressing issues that relate to HIV/AIDS. It was rather surprising that 35% of all companies were citing lack of proper expertise in efforts to organize programs for educating people about HIV/AIDS within the workplace setting. The same survey identified a tendency by most companies to acknowledge that HIV/AIDS was negatively influencing their work productivity, yet they are very reluctant to initiate and implement HIV/AIDS enlightenment programs with their organizational structures. This is very indicative of the prevailing stigma relating to HIV/AIDS and the many misconceptions that are associated with this disease (Klein 2002). In this case, there is clear evidence that if nothing is done in Walton Jones Ltd., more losses are going to be encountered, sales will be even lower and the future of the company will be in jeopardy. Confidentiality rights versus public health concerns According to Hongoro, C and B. McPake (2005), issues of confidentiality and data protection standards are very critical to addressing the HIV/AIDS scourge in the workplace. Zuzanna’s article, which was published in the African Journal of AIDS Research, discuses the possibility of international standards on data protection being implemented. In this case, the most critical challenge is to strike a balance between two issues: public health requirements and confidentiality rights. Hongoro, C and B. McPake (2005) also present a preliminary assessment of impacts of professionalizing HIV/AIDS within the workplace with special emphasis being put on data-protection practices. The study highlights the provisions of legal documents and the need for a law that governs data protection procedures to be established. Some of the article’s content was sourced in 2007 from interviews involving workplace health managers and representatives of trade unions in Johannesburg. The findings of this research can be applied in the circumstances in which Walton Jones Ltd managers find themselves. In this case, a balance should be struck between protecting ones HIV-status and availing public health information for the organization’s future wellbeing (Brown, Macintyre, and Trujillo 2003). All HRM managers live in constant fear that the HIV/AIDS data that is in their possession might fall into he hands of colleagues and used for basis of discrimination (Capitanio and Herek, 1997). A UNAIDS report released in 2008 showed that 67 of all countries have legislations that are aimed at protecting people who suffer from HIV/AIDS from different forms of discrimination. However, the UN secretary-general Ban Ki Moon is of the opinion that each of these legislations leaves room for one or more forms of discrimination. This brings into the limelight the measure that governments should take in order to deal with workplace discrimination against these people. Governments justify discriminatory legislations by asserting that the disease is a very serious threat to public health. Discrimination denies AIDS patients the medical, emotional and moral help and support that they need since people develop negative attitudes, prejudices and irrational fears against them. The decision that the board meeting that is set to discuss William O’Malley makes will either make or break organizations future prospects in instituting a viable HIV/AIDS health policy. If O’Malley is transferred, other employees might feel safe but there will be an underlying loss of reputation, the result of which will be a seriously injured organizational conscience. This might affect any future HIV/AIDS policy. In light of Ban Ki-Moon’s views about government legislations being discriminatory in one way or the other, here are three examples that justify the claims: 1. Ugandan president Yoweri Museveni supports a national policy that requires that armed forces members who are HIV positive to be exempted from being promoted. In fact, in some cases, the policy requires such members to be dismissed. 2. Every Chinese citizen who has lived outside the country for more than one year has to undergo a compulsory HIV test. 3. Within the UK legal system, it is possible to prosecute anyone who passes the HIV virus to another person, even if this transmission was not done intentionally. Legal and policy perspectives According to John, K. and A. McDonald, (2003), there are three main categories through which interventions on HIV/AIDS can be considered: policy development, statutory and regulatory and finally, programs and services. Most of the existing literature is on legal perspectives. it is clear that less attention has been put on programmatic interventions that are aimed at changing behaviors and attitudes. The need for a multifaceted approach that goes beyond legal provisions cannot be gainsaid. The social climate in many societies and workplace environments seem to make discrimination seem very legitimate. Societal responses to spread of HIV/AIDS During the early years of the HIV/AIDS, public health officials were very diligent about the idea of tackling the disease differently from all other diseases including sexually transmitted infection. They were afraid that stigma could drive the disease underground and this would lead to delay in access to public health among HIV positive people. Despite these efforts, Gregory J et.al (2002), observe that discrimination against these patients has persisted. There are very many cases whereby employees have been fired for merely testing positive on the HIV virus. Discrimination of this magnitude has continued to take place despite many legal provisions being in existence. The most affected areas are education, armed forces, health care and insurance. Roxburgh, et al, (2006) note that it is ironical that the laws that are meant to protect HIV/AIDS patients from discrimination and stigma are often used to perpetuate these vices. A good example is the privacy laws that assist people who are HIV positive to manage stigma. According to Herek et al., (1998), these same laws make AIDS to be referred to “the dirty little secret”, The confidentiality of one’s HIV status enjoys a lot of protection within the law in many countries (Herek and Gillis, 1999). In this case, the most well kept secret is the HIV test results. Campbell and Deacon (2006) observe that during the first HIV/AIDs related case to find its way into the US Supreme Court resulted in the disease being categorized as a disability. The disease therefore fell under the Americans with Disabilities Act (ADA) of 1990. This act extended the reach of Rehabilitation Act (1973). HIV has been noted to qualify to belong to the category of a disability, (Burris 1999). They therefore benefit from state laws that guarantee them protection from discrimination from access to government utilities, education, accommodation, medical offices, hotels and housing. Recommendations The recommendations for this case study are grouped into three sections: legal, ethical and HR perspectives. Legal perspective In terms of the applicable legal provisions, AIDS patients such as William O’Malley have a right to have their HIV status kept confidential by Walton Jones Ltd. Management. This is in spite of the fact that O’Malley has disclosed this status to the HRM manager. According to Americans with Disabilities Act, O’Malley is immune from any from any form of discrimination There seems to be lack of a legal provision that compels companies to have HIV/AIDS education programs. If such programs existed, employees would not have spread rumors concerning a colleague’s HIV/AIDS status in such an irrational manner. Ethical perspective Although there management of this company will find the temptation to transfer O’Malley too tempting to shrug off on account of commercial interest, they must no do it since it is very unethical and insensitive. Additionally, there should be a HIV/AIDS policy overhaul in order to ensure that everyone approaches HIV/AIDS challenges from an informed point of view. The question of whether or not O’Malley was right in offering himself as a guinea pig in a research for HIV/AIDS medication also deserves to be answered. He acted in a very unethical manner but he seems to be receiving punishment for it. The company should be upfront in lauding his efforts at contributing positively to HIV/AIDS research. In fact, this should act as a launching pad for HIV/AIDS education program within the workplace. O’Malley should be given the role of a facilitator in order to inspire others to fight stigma against AIDS patients. HR Perspectives The company should carry out an overhaul of the procedures that are followed when issues of health and safety are being discussed. Instead of meeting to discuss an individual in the person of William O’Malley, the boss, Carlos Mendez should have prepared for a consultative meeting to discuss the HRM procedures and policies that should be put in place in order to ensure that all employees are involved in success of a HIV/AIDS education program. The company should also have a procedure that describes how tasks should be reorganized in order to cater for special needs and rights of employees like William O’Malley who are terminally ill. References Dowsett, et al 1992, Working class homosexuality and HIV/AIDS prevention some recent research from Sydney, Australia Psychology & Health, 6(4), p. 313 – 324 Gregory J et.al, 2001, Spectrum of AIDS-Defining Illnesses in Australia, 1992 to 1998: Influence of Country/Region of BirthDore. JAIDS Journal of Acquired Immune Deficiency Syndromes; 26(3): p. 283-290 Gregory J et.al, 2002, Impact of Highly Active Antiretroviral Therapy on Individual AIDS-Defining Illness Incidence and Survival in Australia. JAIDS Journal of Acquired Immune Deficiency Syndromes, 29 (4): p. 388-395. Hongoro, C and B. McPake 2005, How to bridge the gap in human resources for health. The Lancet, 364 (1): p. 1451-1456. John, K. and A. McDonald, 2003, HIV/AIDS Surveillance Systems in Australia, Journal of Acquired Immune Deficiency Syndromes 32(1) p. 18-23. John, K. 1993, Epidemiological Pattern of HIV Infection in Australia, JAIDS Journal of Acquired Immune Deficiency Syndromes. 6(): p.1-4 Pittam, J. and G. Cynthia, 2000, Malevolence, stigma, and social distance: Maximizing intergroup differences in HIV/AIDS discourse, Journal of Applied Communication Research, 28(1) p. 24-43 Roxburgh, et al, 2006, Posttraumatic stress disorder among female street-based sex workers in the greater Sydney area, Australia BMC Psychiatry 6(24) p. 1186-1471 Read More