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October 14, 2010

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HIV jobs fight has its day in court

THE Chinese mainland's first court case concerning discrimination against an HIV positive jobseeker began in east China's Anhui Province yesterday.

The trial involves a college graduate in Anqing City who was denied a teaching job because he is HIV positive.

The hearing in the Yingjiang District Court was closed to the public.

The plaintiff, going by the alias Xiao Wu, did not appear in court, while the defendant, Anqing City Education Department, was represented by an attorney, according to court sources.

After fierce debate between attorneys on both sides, the court adjourned before noon with no word of when a verdict would be announced.

The arguments focused on whether the physical examination criteria for teacher recruitment should be the state physical examination standard for civil servants, which does not allow any person suffering from a sexually transmitted disease from working as a civil servant.

Lawyers for the plaintiff argued that teachers are not civil servants so the criteria should not apply.

The education department refused Xiao Wu, in his early 20s, a teaching job in August after he tested positive for HIV.

Wu Gonghua, deputy head of the department, said prior to the hearing that an HIV test is given to all those seeking to work as teachers in the province, adding that every applicant is told about related physical examination criteria before the test.

If a jobseeker takes part in the physical examination, it means he or she has agreed to the conditions, Wu said.

Xiao, who declined to reveal how he contracted HIV, said he felt he was fighting not only for himself but others in a similar situation who dared not demand their rights out of privacy concerns.

Yu Fangqiang, a coordinator from the Beijing Yirenping Center, a non-governmental organization that promotes welfare, benevolence and equality, has been helping Xiao since he filed the case.

"Xiao is not the only one suffering from job discrimination as an HIV victim," Yu said. "Yet none of them has turned to the courts as the risk of revealing personal information could be devastating."



 

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