Hoffman v. South African Airways (Constitutional Court 2000)
2nd January 2000, 12:00 pm
In 1996, South African Airway’s (SAA) employment policy dictated that Hoffman be denied employment as a cabin attendant due to his HIV status, despite him being found to be otherwise medically fit. Hoffman challenged his treatment alleging it constituted unfair discrimination in violation of his right to equality, human dignity and fair labour practices. The High Court held that SAA did not violate Hoffman’s rights. Hoffman appealed to the Constitutional Court.

The Constitutional Court unanimously overruled the High Court decision, finding that SAA had infringed Hoffman’s right to be free from discrimination. After a detailed discussion on the medical nature of HIV, the Court rejected SAA’s claims that HIV positive individuals could not obtain the yellow fever vaccine and found that most HIV positive individuals are not prone to communicable diseases if their CD4 count remains above a certain level. The Court noted that it would be possible for an HIV positive person to be declared unsuitable for employment but that did not justify a blanket exclusion against all HIV positive persons.

The Court ordered SAA to leave an offer of employment open to Hoffman for 30 days after which the offer would lapse if Hoffman had not accepted.

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