Employment Status of People with HIV - Case Study Example

HIV at Walton Jones (Name) (Institution) (Grade/course) (Instructor’s Name) Jan 20 2010 To: From: As requested here is a report on the prevailing situation at Walton Jones prompted by speculations on William’s illness. Please receive it in kind. Table of contents Executive summary 1.0 Introduction ……………………………………………………………… 5 2.0 Occupational health and safety (OHS) and government legislation on OHS ………………………………………… 6 3.0 HR role in OHS …………………………………………………………… 8 4.0 Stress ……………………………………………………………………… 10 5.0 Suspicions ……………………………………………………………….. 11 6.0 Discrimination …………………………………………………………… 12 7.0 Employee benefits ……………………………………………………… 14 8.0 Conclusion ……………………………………………………………….. 15 References Executive summary The situation at Walton Jones is tricky and requires careful consideration. The suspicion by employees that one of them colleagues, William is infected by the deadly infection, HIV/AIDS is affecting the performance of other employees while the individual is constantly on sick off days to seek medical assistance. It is apparent the employees have little information on HIV/AIDS as they segregate William in fear of infection. Given the high number of persons living with HIV globally, where 90% of them are employed, then managing HIV/AIDS is a vital management issue in every organization. This implies that William’s case will not be the last for Walton Jones and as such it should be used as a learning experience and as a launching pad to introduce HIV/AIDS education to avoid the existing stigmatization. Walton Jones is being reactive to the infection rather than being preemptive which could be achieved through sensitizing and educating their employees. Two major approaches to the problem are defensive and protectionist. Fortunately, HIV/AIDS education and social support are the best solutions for handling HIV/AIDS at Walton Jones as viewed by a number of authors and management experts. 1.0 Introduction Looking at the case of William who is infected with HIV/AIDS, there are a lot of issues surrounding his infection and the relationship with his fellow workmates at Walton Jones Ltd. While there has been no official communication on the health condition of William, employees are already suspecting and spreading rumors that he is infected with the deadly HIV/AIDS. Consequently, other employees have resulted into irrational behavior by avoiding him and everything that he uses in the belief that they could contract the disease. To make matters worse, some of his colleagues in the IT department are requesting for transfers to other departments to keep away from him. However, their fears are misplaced because the virus cannot be transmitted through physical contact and sharing of space and items. What is obvious is that these employees are ill informed about HIV/AIDS. This paper will thus look at government regulations on handling of HIV/AIDS in the workplace, HR managers are faced with a growing problem in the workplace pertaining to the privacy of employees and how they relate to one another. The relationship between the management and among employees is of utmost importance as it affects individual performance of employees and that of the whole organization. These relationships are faced with challenges such as romance in the workplace, domestic issues, illnesses, discrimination, gender stereotyping among many others. Most conspicuous among them is the issue of HIV/AIDS and privacy issues. It is estimated that 90 % of persons living with HIV globally are in employment (Goss & Adam-Smith 1995). The Australian government addresses the issue of discrimination through the Occupational Health and Safety Act. Other regulations have been introduced to cater for various forms of discrimination. Increased cases of HIV have introduced a new problem to managers. 2.0 Occupational health and safety (OHS) and government legislation on OHS The Australian Occupational Health and Safety Act has specific guidelines on the handling of HIV in the workplace both for employees and employers. The act condemns any form of discrimination based on the HIV status. Other supporting legislations have come in support of the HIV infected people. Through the Job Access program, the government provides a simplified guideline to organizations on how to handle HIV employees and help them cope with the associated challenges such as: flexible work hours or the capacity to work from home to accommodate fluctuating symptoms, fatigue and treatment requirements modification to work tasks to enable work from a seated position or rotation between postures as a means of energy conservation provision of a private space within the workplace in which to undertake any treatment or medication requirements use of personal protective equipment to minimise risk of injury education within the workplace regarding the nature of the condition (if disclosed). Goss and Adam-Smith (1995) discuss the issue of HIV in the workplace in depth and look at various approaches to the infection. One of them is the defensive approach where the employer and the employee struggle whether formally and informally to come to terms with the fact that there is an HIV infected person in the workplace. Confirmed case(s) of HIV in the workplace is expected to bring some level of changes in the organization in attitude, behavior and performance among employees (Bandura 1994; Kroner 2005; Rintamaki et al 2006). Basically, this approach argues that HIV/AIDS poses a significant threat in the workplace thereby calling for protectionist measures (Goss and Adam-Smith 1995). The situation in Walton Jones confirms what these approaches suggest that the presence of HIV/AIDS in the workplace threatens the organization in various ways. For instance, some employees are wasting a lot of time and resources by avoiding William. His contribution to the company has dropped in two ways. First, he has been on a six week sick leave and even after resuming normal work, he has to take a day off each week for hospital visits. The second way in which his HIV status is affecting the organization is that employees are wasting much time gossiping about his condition and dedicating much effort in avoiding him. Research has shown that most organizations tend to follow the protectionist approach in the belief that t helps promote organizational performance instead of dealing with the often complex management of HIV in the workplace (Goss & Adam-Smith 1995). However, the government and other special interest organization have campaigned strongly against the protectionist approach in handing HIV in the workplace. In the protectionist approach, William ought to be fired in order to restore and rationality in the workplace. According to one of the department managers, “the linking of William’s illness to AIDS triggered irrational things in people and Walton Jones’ employees simply panicked. People are totally misinformed about AIDS.” William’s situation is also highlighted by the fact that fellow employees started questioning his sexuality. Bandura (1994) says that there is a misplaced connection of HIV/AIDS with homosexuality. This perception has the potential to create another crisis in the organization based on sexual orientation. As such, William’s case and the fact that employees have inadequate information on HIV is interrupting the normal operations and relations amongst employees. 3. 0 HR role in OHS According to the Australian Federation of Aids Organizations (AFAO), there were 17,444 Australians living with the HIV virus as of 31st December 2008. Over the years, the number of new infection ahs averaged 930 annually. With such high number of people living with the virus, working is not an option but a requirement like for other persons (Lim & Loo 2000). They say that HR managers are the most affected by the occurrence of HIV/AIDS in the workplace as they are responsible for the recruitment and termination and are expected to implement the OHS regulations. A research by Lim and Loo (2000) in Singapore that involved 26 HR managers and involved to asses their knowledge of HIV/AIDS and transmission, and also their attitude towards persons living with the virus showed that many of them were relatively knowledgeable in the modes of tan mission of the infection. Approximately 91% of respondents were aware that HIV could not be transmitted by sharing the telephone while 95% disagreed with the common assumption that one can be infected with HIV through ordinary office contact such as shaking hands. 15% of the respondents believed that HIV can be transmitted through sharing a toilet seat. With such findings, it is understandable to note that some of William’s workmates are avoiding sharing a toilet with him. Parker and Aggleton (2002) say that “this poor understanding is due in part to the complexity and diversity of stigma and discrimination but also in part to limitations in current thinking within the field and the inadequacy of available theoretical and methodological tools” (p. 1). In Australia, 34.1% and 17.1% o persons living with HIV worked full time and part time respectively (ACON, 2010). The OHS act protects these people against discrimination in the workplace. However, despite such government provisions, there have been a substantial number of cases of discrimination similar to that of William. ACON (2010) reports that Just over half (51.6%) of people living with HIV in Australia who are employed report stopping work at some point for reasons related to HIV. Some stopped work more than once. The most common reasons were poor health and diminished energy levels, although stress, depression and anxiety also played important roles in these decisions. However, there have been calls by many groups to improve on the provisions of OHS in order to avert and reduce such cases and protect the in faced persons. The proposition is receiving considerable support as it works hand in hand with government policy, Closing the Gap Initiative to give better recognition to the aboriginal people and Torres Strait Islanders who report highest number of HIV/AIDS infections in Australia (Closing the Gap Initiative, 2007). The impact of HIV in the workplace varies from one organization to the other depending on how knowledgeable employees are in matters pertaining to HIV. Organizations have a responsibility to inform and educate employee on issues pertaining to HIV, its transmission modes and ways of giving support to infected persons. AIDS also evokes anxiety because of its association with death. People in AIDS group reported lower levels of social support in response to bereavement, as compared to that in cancer group indicating the social stigma attached to HIV/AIDS that does not get erased even after death. Also, there is no control over stressors like communal and social ostracization, victimization, and deprivation (Mawar et al 2005, p. 472) However, Bandura (1994) says that information alone is not helpful averting the spread of HIV and its occurrence in the workplace. He says that “Unfortunately, information alone does not necessarily exert much influence on refractory health-impairing habits. To achieve self-directed change, people need to be given not only reasons to alter risky habits but also the behavioral means, resources, and social supports to do so” (p.2). He (Bandura 1994) adds that individuals tend to have a self-belief on immunity in HIV through their perceived uprightness. This makes employees to develop prejudice against persons infected suspected to be infected with HIV. Beck and Lund (1981) (cited in Bandura 1994) found that persuasiveness of health communication in regards towards preventing the spread of HIV and handling infected persons played a significant role in strengthening the self efficacy in preventing and averting HIV. They say that existing cases of HIV should be used as learning experience and case studies that assist in combating the spread of the epidemic that drain on many resources. 4.0 Stress Former WHO Global Programme on AIDS director, Jonathan Mann classified the AIDS epidemic into three phases: HIV epidemic, AIDS epidemic and stigmatization, discrimination and denial epidemic (Parker & Aggleton 2002). The third phase is the most crucial as it entails the involvement of third parties and also is subject to social constructs that have the capacity to blow the issue out of proportion. Prevalence of HIV in the workplace is used an informal indicator of the ethical and moral dimensions of an organization (Goss and Adam-Smith 1995). Therefore, many organizations are quick to act in a protectionist manner to guard their image to the public and stakeholders. Goss and Adam-Smith (1995) say that “organizations, already accustomed to framing new challenges in terms of military metaphors, the encounter with HIV/AIDS should lead to an acceptance of the idea as AIDS as an enemy of the organization- as opposed to a health state of individuals- and lead to the formulation of protectionist responses” (p. 29). 5.0 Suspicions Promiscuity and sexual orientation are most common forms of stigmatization to persons living with HIV which tend to affect their performance in the workplace (Parker & Aggleton, 2002). Mawar et al (2005) recognize social stigmatization as a major barrier for people to seek HIV antiretroviral treatment and even HIV prevention education. They say that the levels of stigmatization are across cultures and also on whether it occurs on an intrapersonal level of societal level. In the case of William, his stigmatization is on an intrapersonal level where his colleagues in the workplace are questioning his sexuality and even avoid working close to him in fear that they might be infected with the deadly infection. Goss and Adam-Smith cite Lupton (1994, p. 134) who says The discourse of invasion has wider implications for the ways in which the late capitalist societies view the body as a site of toxicity, contamination and catastrophe, subject to and needful of a high degree of surveillance and control. According to this discourse, no longer is the body a temple to be worshipped as the house of God: instead it has become a commodified and regulated object which must be strictly monitored by its owner to prevent lapses into health threatening behaviors (p. 29) Health in the workplace according to O’Donell (2001) goes beyond the physical to include social health which pertains to the attitude towards illness and the coping and problem solving skills both by the organization and individuals. Traditional definitions of social health gave weight to the integration of individuals into the society according to the World Health Organization (O’Donell, 2001). Modern definitions of social health revolve around three main concepts namely: social integration/involvement, social support and social networks. Evolving definitions of health in the workplace bring in new dimensions for which employers and employees alike have to accommodate. In the case of William, he seems afraid to confirm his illness to his workmates as he fears that “the terrible thing” in the society will be defined and interpreted differently by his colleagues. 6.0 Discrimination Social integration and involvement in the workplace entails social relationships being upheld with no bias based on HIV status. According to UNAIDS protocol for the identification of discrimination against people living with HIV, discrimination in this context refers to “any measure entailing an arbitrary distinction among persons depending on their confirmed or suspected serostatus or state of health” (Gablle & World Bank, p.45). exclusion of an employee(s) from the social happenings, such as chit chat in the workplace based on the confirmed or suspected HIV status pinpoint at the presence of discrimination which more often than not transcends such obvious signs into work itself. This in the long run creates a feeling of inadequacy in the involved employee and poor performance from the rest of the workmates as a result of diverted energy (Burke & Cooper 2008). Social support as another dimension of social health requires that that the organization and the entire workforce provide support to the affected persons. Such support provides a sense of belonging and responsibility not only on the effected person but also the entire workforce. The incidence of HIV in the workplace and the resultant reaction from colleagues creates awareness among the employees that a future occurrence of such an incidence that might involve them will be handled in the most appropriate manner. O’Donnel (2001) says that persons affected with HIV are more threatened by the social stigma than the infection itself. He says that employees are bound to become more cautious of their health in fear of the reaction from colleagues than the disease itself. This leads to lack of openness in employee relationships which is essential in the functioning of the organization as a unit. The situation at Walton Jones is obvious that William’s absence at work due to his sick leave and his trips to the hospital have a lesser effect that his presence. His colleagues have been handling well with the increased workload due to his absence but his presence has detrimental effects. The fact that the employees have resulted into irrational behavior indicates that they are ill informed on HIV and its transmission. As such, they are incapacitated to provide social support to William. There is need to create social networks that combine the social environment at the workplace and that beyond it in order to link up individuals and provide more avenues for understanding one another. There is no evidence at Walton Jones that any formal communication has been made on William’s case to explain his absence from work. All these dimensions of social interaction between employees in regards to health “provide a sense of meaning and purpose to life and provide much of a sense of social identity” O’Donell (p. 459). Taylor, the HR manager realizes that she has not been providing the necessary support to William to help him cope with the infection. The best approach would be to use a social approach whereby she offers more than the required support by the organization such as the sick leave. She should be friendly to William and probably help him open up. The fear of stigmatization prevents William from opening and talking about the infection. From the case, William is afraid of mentioning the disease while Taylor, the HR manager offers little help to assist him gain confidence to openly discuss his case. Taylor should therefore encourage William and provide social support to him. As it is, Taylor was the first to know about Williams’s condition and should thus be the first to help others understand him. However, William has not even openly confirmed or explained his condition to employees. To some extent, the HR manager is to blame for the fear in William in confirming his illness given her reaction to his statement that he is suffering from a terminal illness which according to Taylor “is a terrible thing in our society.” 7.0 Employee benefits There are a number of ways through which Walton Jones can handle the situation pertaining to William’s HIV status and other ones that may occur in future. The manner in which the organization will handle the case will determine a lot the perception of the organization by all stakeholders more so employees. Goss and Adam-Smith (1995) say that constructive responses to the HIV epidemic in the workplace are an adherence to the law on discrimination and also constitute some form of benefits to the employees. They say that organizations have a moral obligation to provide social support to employees by availing necessary resources through employee support, rewards and benefits programs. Mawar et al (2005) say that social support should also be integrated in employee support programs and appraisals systems. Bennet and Ferlie (cited in Goss and Adam-Smith) say that there are three broad approaches to handling HIV in the workplace from a legal perspective: liberal, professional, conservative and radical. The fact that Australia claims to be a multicultural and tolerant society is defined by the country’s law pertaining to HIV. Australia immigration laws bar HIV infected immigrants to obtain permanent residency visa. This moral disapproval forms a big foundation of individual organizations to discriminate employee with HIV. While the Occupational Health and Safety Act of 1991 prohibit discrimination based on HIV status, organizations interpret the immigration law to suit their purposes. Liberal and professional approaches require organizations to manage arising HIV cases in the workforce adequately through education and support to the infected persons. 8.0 Conclusion All in all, the management should not fire William due to his illness. It is upon the management to introduce a special employee benefits programs that should take care of HIV/AIDS patients. However, the situation still remains tricky given that William has yet to openly declare his status although he awkwardly makes it known to Taylor about his illness. The prevailing situation at Walton Jones in respect to the recent employee behaviors’ is a sign of the management’s weakness in employee education on social issues. As a global problem, HIV/AIDS education should be incorporated in all organizations. This is also part of social corporate relations. Information on HIV will also assist employees to provide social and emotional support to William. If this is accomplished Walton Jones will be a more accommodating place for all employees. References ACON, Employment status of people with HIV, Retrieved on 19th Jan 2010 from, http://www.acon.org.au/hiv/your-rights/Employment Australian Federation of AIDS Organizations (2009). Positive education Psychosocial Issues, Retrieved on 5th Jan 2010 from, http://www.afao.org.au/library_docs/discpaps/dp_posed3_02.pdf Bandura, A. (1994). Social cognitive theory and exercise of control over HIV infection. In R. J. DiClemente and J. L. Peterson (Eds.), Preventing AIDS: Theories and methods of behavioral interventions (pp. 25-59). New York: Plenum, Retrieved on 5th Jan 2010 from http://www.heart-intl.net/HEART/030106/SocialCognitiveTheoryandExercise.pdf Burke, R. & Cooper, C. (2008). Building more effective organizations: HR management and performance in practice, (New York: Cambridge University Press) Closing the Gap Initiative (2007). 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