RESUMO
PIP: This article clarifies the meaning of South Africa's Employment Equity Act, which includes HIV testing in the workplace. This historic piece of legislation is intended to promote equality and equal opportunity in the workplace. Among other things, the Act prohibits employers to conduct pre-employment HIV testing unless the Labor Court has given permission. Several interpretations have ensued which was seen as damaging to HIV prevention strategies in the workplace. Employers, likewise, have used these interpretations to justify a threat to withdraw from the Joint UN Program on the HIV/AIDS-Sponsored Greater Involvement of People Living with HIV/AIDS program. Similarly, arguments for HIV testing followed which were based on a fancifully narrow and literal reading of the section. This resulted to the literal interpretation of the Act that eventually made the contested sections unconstitutional and deprived employees of their fundamental rights to freedom and security, and access to health care services. A non-literal interpretation of the Act, on the other hand, does require the prohibition as applying only to ¿employer-initiated¿ HIV testing. One immediate remedy to the confusion would be for the Employment Equity Commission to publish a code of good practice on HIV testing in the workplace.^ieng
