A man claimed that he was rejected because he was HIV-positive, and Maotai Maotai Liquor Company was sued for violating equal employment rights. He claimed to have been "tested" for HIV (AIDS virus) without knowing it, and was rejected by Kweichow Moutai Maotai Liquor Marketing Co., Ltd. (hereinafter referred to as "Maotai Liquor Company"). HIV-infected person Liu Yuan (pseudonym) The complaint takes the other party to court.
Unknowingly claiming to have been "tested" for HIV, Liu Yuan (pseudonym) filed a lawsuit against Kweichow Moutai Maotai Liquor Marketing Co., Ltd. in court.
The other party did not answer the question of whether the company "refused to hire Liu Yuan, who was infected with HIV." As of press time, Kweichow Moutai Co., Ltd. and Maoxiang Liquor Company have not responded further on this matter.
Liu Yuan reported to The Paper that in May this year, Kweichow Moutai Maotai Liquor Marketing Co., Ltd., a wholly-owned subsidiary of Kweichow Moutai Liquor Co., Ltd., issued a recruitment announcement. After registering and passing the preliminary qualification review, recruitment examination, and interview organized by the Maotai Liquor Company, he and other people who passed the exam went to Maotai Workers Hospital to take a physical examination. I thought I could join the job smoothly, but on June 24 after the physical examination, a staff member from the human resources department of Maoxiang Liquor Company told Liu Yuan that the results of the physical examination were "abnormal." On the 28th, the recruitment list was announced, and Liu Yuan was not selected.
On July 10, Liu Yuan and the staff of the Human Resources Department of Maoxiang Liquor Company went to Guizhou Renhuai Center for Disease Control and Prevention for re-examination. "They took me directly to the HIV testing room, and the only item for retesting was HIV." Liu Yuan said that at that time, he knew that Maotai Workers' Hospital had conducted an HIV antibody test on his blood sample without informing him. Otherwise it is impossible to recheck only this item.
The Paper’s inquiry found that Article 23 of the “Regulations on the Prevention and Treatment of AIDS” stipulates the implementation of a voluntary AIDS consultation and voluntary testing system.
In a physical examination notice issued by Maotai Liquor Company provided by Liu Yuan to The Paper, the recruitment physical examination standards are implemented in accordance with the "Physical Examination Standards for Recruitment of Kweichow Moutai Liquor Co., Ltd. (Trial)". Article 18 of the standard points out that if the test is found to have "AIDS", it is unqualified.
Liu Yuan believed that the Maotai Workers Hospital, which was entrusted by the Maotai Liquor Company to conduct physical examinations, violated the AIDS voluntary consultation and testing system by entrusting the Maotai Workers Hospital to conduct medical examinations. right.
On the morning of October 16, Liu Yuan submitted a complaint with the cause of "equal employment rights dispute" to the Renhuai Municipal People's Court. The court filed the case and issued a notice of acceptance of the civil case.
In the complaint, Liu Yuan asked the court to confirm that Maoxiang Liquor Company violated his equal employment rights; to order Maoxiang Liquor Company to eliminate obstruction and hire him in accordance with the law; and to pay him 50,000 yuan in moral comfort. , compensation for the reasonable costs paid for rights protection is approximately 40,000 yuan, etc.
On the afternoon of October 16, Liu Yuan’s attorney Chang Weiping told The Paper that in accordance with the relevant provisions of the "Regulations on the Prevention and Control of AIDS", Maoxiang Liquor Company did not disclose the information to Liu Yuan without his knowledge. The AIDS testing program violated the voluntary testing system, and later refused to hire Liu Yuan on the grounds of HIV infection, limiting employment opportunities and violating Liu Yuan's right to equal employment.
“Liu Yuan’s claim for equal employment rights is found in the Employment Promotion Law, Tort Liability Law and the Notice of the Supreme People’s Court on Adding Causes of Civil Cases (Fa [2018] No. 344)” There are many successful cases in this regard. Next, we will see the court’s ruling and the company’s attitude.” Chang Weiping said.
The man claimed that he was rejected for admission after he was diagnosed with HIV, but the sued Maotai Maotai Liquor Company was not unjust in the lawsuit.