Fact Sheet:
Prohibiting Discrimination
Based On A.I.D.S. / H.I.V. Infection


The Manitoba Human Rights Code prohibits discrimination based on a person's physical or mental disability, actual or perceived. This includes protec taon from discrimination that is based on a person having A.I.D.S. or H.I.V. Infection (Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus Infection). It applies in areas such as employment, housing accommodation, and the provision of services and contracts.

Persons with A.I.D.S. are protected from discrimination in the provision of services. Examples of services include education, public services. dental or medical services, restaurants, stores, hotels and cinemas.

Differential treatment of an employee who is infected with the A.I.D.S. virus is prohibited, unless the employer can establish that being free of H.I.V. Infection is a reasonable requirement or qualification for the employment and is imposed in good faith. Pre-employment inquiries or medical testing related to a job applicant's H.I.V. status is illegal unless being free of H.I.V. Infection is a reasonable occupational requirement for the position. As medical opinion is that A.I.D.S. is not transmittable by casual contact in the workplace, it is only in very exceptional employ ment situations where being H.I.V. infection-free can be shown to be a reasonable occupational requirement.

Persons with A.l.D.S., as with other disabilities, have a right to have their special needs reasonably accommodated. Reasonable accommodation by employers may involve providing alternative work assignments or altering existing work practices or procedures. Examples of accommodation are increasing observance of confidentiality respecting an employee's health status or making modifications to workplace equipment or procedures.

It is also illegal to discriminate against a tenant or a prospective tenant based on his or her having H.I.V. Infection.

The Manitoba Human Rights Commission accepts and investigates complaints of discrimina tion. The Manitoba Human Rights Code also expressly prohibits discrimination on the basis of ancestry (including colour and perceived race), nationality, ethnic origin, religion, age, sex, pregnancy, sexual orientation, marital or family status, source of income and political belief.


Human rights legislation has paramount status in Manitoba. This means that where there is a conflict with other provincial legislation, The Human Rights Code prevails.

This information is a simplified description of provisions under The Human Rights Code. For more information, consult The Code or contact The Manitoba Human Rights Commission.




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©1998 The Manitoba Human Rights Commission


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