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The Application of HIV/AIDS Tests is considered Discriminatory

03/29/2019

Client Alert

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The Application of HIV/AIDS Tests is considered Discriminatory.

A few days ago, the Second Chamber of the Mexican Supreme Court ruled as discriminatory the application of HIV/AIDS tests as a contracting requirement for medical staff.

The decision of the Second Chamber stated that requesting HIV/AIDS test as a contracting requirement infringes the Human Right to equality, given that an individual may be denied employment with regard to his/her health condition, situation that violates article 1° of the Mexican Federal Constitution.

Likewise, it was also stated that health institutions could perform HIV/AIDS tests on their medical staff, provided that: a) they are performed after the engagement process, b) they may not cause rescission of the employment relationship, c) they can only be performed in those areas where there is a reasonable and objective risk of infection; and d) the test results shall not be public.

In connection with the aforementioned, it can be concluded that the application of HIV/AIDS test as a condition to hire a candidate or a requirement for already hired staff is, as a general principle, considered as a violation of human rights, for it infringes the principle of equality enshrined in our Constitution.

We hope you find this information useful and remain at your service for any additional inquiry.

Ver Client Alert en español: Boletín Examen VIH