Do I have any special protections as an employee living with HIV/AIDS?
The right to job stability applies to all employees, but in the case of people living with HIV, it becomes the fundamental right to enhanced job stability because its holder is a subject of special protection due to his or her vulnerability and traditional discrimination [...].
Does my employer need to know that I live with HIV/AIDS?
In general, an employer should know about an employee's illness. However, this does not apply in the case of a person living with HIV, as it is not only contrary to human dignity to inform about his or her illness, but also violates his or her right to privacy. In fact, it is prohibited [...].
I think I've been fired from my job because I live with HIV/AIDS.
As part of the right to reinforced stability, if the employment is terminated with the sole justification that the person is living with HIV, a tutela action can demand immediate reinstatement by the employer (Article 35 of Decree 1543 of 1997, Sentence T-519/03, T-1218/05, T-1219/05, T-992/07, T-238/08, T-273/09, T-490/10).
Can I file a tutela action for the payment of an incapacity for work?
It depends. If the non-payment of disability is situated in a critical economic situation, the tutela will proceed. It is key to remember that people living with HIV-AIDS deserve special protection, so it must be stated in the tutela that it is a critical economic situation, in which the disability has not been paid.
And if I was paying health contributions at less than the minimum wage, can the EPS refuse to pay for my incapacity to work?
Even if the employer has paid the contribution late or incompletely, the entity must pay the incapacity for work if it has not requested the employer to make the full payment of the contribution. It may only refuse to pay the incapacity if it had requested full payment from the employer (Sentence T-602/07).












