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January 25, 2013

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HIV-positive man wins first bias compensation

CHINA has seen its first case of an HIV-positive person being awarded compensation for discrimination on account of his health.

Xiao Qi - a pseudonym - has received 45,000 yuan (US$7,230) in compensation from an education bureau accused of disqualifying him from consideration for a teaching post last year after a pre-employment health check found he was HIV-positive.

"I was indignant when I learned that I lost the chance to be a teacher, but the compensation I got on Tuesday just illuminates that the law can guarantee our (HIV-positive people's) legal rights," said Xiao.

In November 2012, Xiao brought a suit against the education bureau of Jinxian County in east China's Jiangxi Province, over the sudden denial of his application to become a local school teacher. He had passed the teacher qualification examination in June with high scores.

Xiao and the county's education bureau reached an agreement in mediation by a local court on December 27. Xiao agreed to drop the suit against the county's education bureau, which would pay him compensation.

It is the first case in which an HIV-positive person has gotten compensation in employment discrimination in China, and it is significant, said Cheng Yuan, director of Tianxiagong, an organization that focuses on discrimination against people with disabilities, hepatitis and HIV/AIDS.

China has an estimated 780,000 people who are living with HIV/AIDS.




 

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