Discrimination Against Persons Living with HIV/AIDS in the Nigerian Workplace: Legal Protections and Empirical Reality

This research provides an empirical analysis of discrimination against persons living with HIV/AIDS (PLHIV) in Nigerian workplaces, assessing the adequacy of legal protections under the HIV and AIDS Anti-Discrimination Act 2014 and international labour rights standards. HIV-related workplace discrimination, including dismissal, demotion, mandatory testing without consent, and denial of health benefits, remains a significant human rights challenge in Nigeria despite legislative prohibitions. The study draws on the ILO Recommendation 200 on HIV and AIDS and the Work World, the ICCPR's non-discrimination provisions, and the ICESCR's right to work to develop an evaluative framework. A mixed-methods design combines a survey of 200 PLHIV currently employed or recently dismissed in Lagos, Abuja, and Port Harcourt with analysis of discrimination complaints filed with the National Human Rights Commission and the National Agency for the Control of AIDS (NACA) from 2020 to 2024. Findings reveal that the majority of PLHIV respondents reported experiencing at least one form of workplace discrimination, that formal complaint mechanisms are rarely invoked due to fear of further exposure, and that the Anti-Discrimination Act lacks effective enforcement mechanisms, including sanctions for non-compliant employers. The study identifies the absence of mandatory workplace HIV non-discrimination policies as a systemic gap. Recommendations include mandatory employer HIV workplace policies, whistleblower protections for PLHIV, and strengthened enforcement mandate for NACA. Keywords: HIV/AIDS discrimination, workplace rights, anti-discrimination law, Nigeria, PLHIV.