The Initiative for Equal Rights (TIERs) has secured a major victory for an employee who faced hiv discrimination after he was forced to undergo a compulsory health check at his workplace, and he tested positive for HIV. Instead of receiving support, he was met with stigma and lost his job simply because of his status. The case was resolved through mediation, with the employer also committing to adopt a non-discriminatory workplace policy. This policy change could prevent others from facing the same treatment.
But what does Nigerian law say about this kind of discrimination, and how common is it?
The Legal Framework
The HIV and AIDS (Anti-Discrimination) Act, 2014, is the primary legislation. Currently, only 18 of Nigeria’s 36 states have domesticated the Anti-Discrimination Act. Section 5 explicitly prohibits compulsory HIV testing, stating that “A person shall not compel another person to undergo an HIV test.” Section 6 further bars employment discrimination, making it illegal to refuse employment, dismiss, or otherwise discriminate against someone based on their HIV status.
Violations carry significant penalties. Under Section 14 of the Act, employers who discriminate can face fines up to N1 million or imprisonment for up to three years, or both.
The National Workplace Policy on HIV/AIDS (2013, relaunched 2023) requires employers with more than five employees to adopt written workplace policies consistent with national standards. The policy was relaunched in December 2023 during World AIDS Day, highlighting the continued government commitment to workplace protections.
However, recent evidence shows HIV discrimination remains a serious problem:
A 2024 study published in Akwa Ibom State, covering data from October 2022 to February 2023, found that 50.4% of people living with HIV had been denied access to health care services, including dental care, because of their HIV status. The same study found that 78% of respondents reported being afraid of gossip, 17% feared being verbally abused, and others feared physical harassment or assault because of their positive status.
Despite strong legal protections, the study, which assessed organisations between October 2022 and February 2023, revealed that many workplaces lack the required HIV workplace policies despite the 2014 law mandating them for employers with more than five employees.
UNAIDS 2024 Global AIDS Update noted that Nigeria continues to face challenges with stigma, with faith leaders and community organisations now actively working to address discrimination through interfaith dialogue programs launched in 2023-2025.
Why Cases Remain Underreported
Several factors contribute to underreporting:
Fear of exposure: Many people living with HIV avoid legal action because they fear their status will become public knowledge.
Lack of awareness: Both employers and employees often don’t know that the Anti-Discrimination Act exists or what it protects.
Economic vulnerability: Workers may accept unfair dismissal rather than risk prolonged legal battles that could affect future employment.
Stigma: The social consequences of being identified as HIV-positive often outweigh the perceived benefits of seeking legal redress.
Why This Case Matters
The settlement is significant for several reasons. First, it demonstrates that the 2014 Act can produce tangible results when violations occur. Second, the employer’s commitment to adopt a pro-HIV policy could protect future employees.
For Nigeria to meaningfully reduce HIV discrimination, several steps are necessary:
- Increased awareness of the Anti-Discrimination Act among employers and workers, particularly given that 10 years after its passage, many remain unaware of its provisions.
- Stronger enforcement mechanisms to ensure compliance with the workplace policy requirements and hold violators accountable.
- Better data collection on discrimination cases to understand the scale of the problem and track progress.
- Support systems that allow people to report discrimination while protecting their identities, as demonstrated in this case.
This victory is more than one person’s story. It is a daily reminder that human dignity is not negotiable, that stigma can be challenged, and that change is possible. Today, one worker reclaimed his dignity. Tomorrow, many more will be protected because of his courage.
