Section 5: Right to take affirmative action

(1)
No individual, community, institution, employer or employee shall discriminate, directly or indirectly, against any person in the society on the basis ofthe person's HIV status or perception of same in employment delivery of services and other benefits.
(2)
For the purpose of this Act, it is not unlawful to-
(a)
take affirmative action consistent with the purpose of this Act ; or
(b)
distinguish, exclude or prefer any person on the basis ofan inherent requirement of a job or any other service.
(3)
Affirmative action in accordance with the purpose of this Act shall include measures designed to:
(a)
ensure that people living with or affected by HIV or AIDS enjoy equality of opportunities and treatment in relation to employment and occupation ;
(b)
identify and eliminate barriers which adversely affect people living with and affected by HIV or AIDS ; and
(c)
further diversity (including gender diversity) in the society based on equal dignity and respect for all people.
(4)
Nothing in this section shall require an individual, community, employer or employee to engage in any act or omission concerning policies and or practices that would establish a barrier to the continued enjoyment of personal or constitutionally guaranteed rights on the basis oftheir real or perceived HIV status.