Section 30: Interpretation

In this Act;
'Admission' means an act of allowing to enter, act or condition of being received or accepted in a position, institution, facility, profession, occupation, office or appointment;
'AIDS' means Acquired Immune Deficiency Syndrome ;
"adverse action" includes, but is not limited to termination, refusal to hire or admit, rehire, promote, or any other discrimination in the terms or conditions of employment, admission, service provision, policies or practices based on an individual's real or perceived HIV status ;
"correctional facilities" means a penal institution, prison, remand homes, detention camps;
"court" means a Court of Competent Jurisdiction ;
"discrimination" means discrimination as defined in Section 42 of the 1999 Constitution of the Federal Republic of Nigeria as amended and the International Human Rights Instruments ;
"employee" includes any person, other than an independent contractor, his representative and agent who-
(a) works for another person or for the state and who receives, or is entitled to receive any remuneration; and has entered into or works under a contract (whether expressed, implied, oral or written) with an employer, whether the contract is for manual labour, clerical work or for the discharge of administrative, executive, technical or professional functions including armed forces and uniformed services, and whether such contract is a contract of service or a contract personally to execute any work or labour;
(b) is an apprentice ;
(c) is a volunteer;job-applicant ; or
(d) is employed and "employment" shall have corresponding meanings;
"employer" means a person or association ofpersons, bodies corporate or unincorporated employing one or more persons under a contract (whether express, implied, oral or written), whether the contract is for manual labour,
clerical work or forthe discharge of administrative, executive, technical or professional functions and whether such contract is a contract of service or a contract personally to execute any work or labour and includes the
Private Sector, Federal, state or Local Governments of Nigeria and the Legal Personal Representative of a deceased employer;
"employment policy or practice" includes, but is not limited to-
(a) recruitment procedures, advertising and selection criteria ;
(b) appointments and the appointment processes ;
(c) job classification and grading;
(d) remuneration, employment benefits, terms and conditions of employment;
(e) job assignments ;
(f) the working environment and facilities ;
(g) employee assistance programmes ;
(h) training and development;
(i) performance evaluation systems ;
(j) promotion ;
(k) transfer ;
(l) demotions;
(m) disciplinary measures other than dismissal ; and
(n) dismissal ;
"everyday" means every working day and excludes weekends and public holidays officially declared by the State or Federal Government ;
"facility" means an institution designed, built or installed to serve a specific function affording a convenience or service, e.g.educational, transportation, research, rehabilitation, vocational, recreational, medical services, etc. ;
"HCT" means HIV Counseling and Testing ;
"HIV' means Human Immunodeficienry Virus ;
"HIV Testing" includes any test, question, inquiry direct analysis of the blood or other body fluid or any other means designed or which has the effect of enabling anyone to infer or determine the presence of HIV or other antibodies to HIV ;
"informed consent" means that consent which is given or obtained only after the individual has been provided with information about what the test is, why it is necessary the benefits, risks, alternatives and any possible
social implications of the outcome, understands it and based on this has agreed to undertake the HIV test ;
" institution" means an organization, establishment, foundation, society devoted to the promotion of a particular cause or program especially one of a public, educational or charitable character ;
"Minister" means the Minister in charge of Labour and productivity or whosoever the office may, from time to time, designate ;
"people with HIV' means persons who have tested positive to the virus HIV, even if they are asymptomatic and have no outward or manifest signs of illness;
"people affected by HIV and AIDS", means persons who have not tested-positive to HIV but who are direct relatives, associates or friends of persons living with HIV in particular their children, spouses, partners, parents, siblings and primary care providers ;
"reasonable accommodatiorr" means any modification or adjustment to a job description, school or workplace or institution that is relsonably practicable and will enable a person living with HIV or AIDS to have access to, participate or advance in his or her chosen endeavor :
"sero-conversion" means the development of HIV antibodies; when people develop antibodies to HIV, the "sero-conversion" goes from antibody-negative to antibody-positive. It may take from as little as from one week to several months or more after infection with HIV for antibodies to the virus to develop. After antibodies to HIV appear in the blood, a person should test positive on antibody test ;
"society' means the totality of Nigeria, i.e. a group of people sharing the same geographical or virtual territory subject to the same political authority;and
"workplace" includes all places where workers need to be or to go by reason of their work and which are under the direct or indirect control of the employer.