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Brazil: Employers Can No Longer Test Employees for HIV

(June 2, 2010) According to an administrative act (portaria) issued on May 31, 2010, by the Ministry of Employment, Brazilian companies are now prohibited from requiring prospective employees to be tested for HIV during the hiring process or by reason of a change of function, a periodic evaluation, a return to the job, a dismissal, or any other situation related to employment. The Minister of Employment, Carlos Lupi, made reference to several international conventions and Brazilian laws to support the issuance of the act, including an International Labour Organization Convention and Brazilian laws from 1992 and 1995 that prohibit discrimination. (Evandro Éboli, Ministro Proíbe Empresas de Submeter Empregados a Teste de HIV, O GLOBO, May 31, 2010, available at