Hoffmann (“Appellant”) is an HIV-positive man who applied to work as a cabin attendant with South African Airways (“SAA”). He successfully completed the required four-stage selection process, and the required pre-employment medical examination found him to be clinically fit and suitable for employment. However, the routine blood test revealed that Appellant is HIV-positive. As a result, SAA rejected his application based on his HIV-positive status. Appellant challenged this rejection, arguing that the denial of employment based on HIV status violates the constitutionally protected rights to equality, human dignity, and fair labor practices. SAA argued that its action was based on public health concerns, stating that because Appellant was unable to receive a yellow fever vaccination due to his HIV-positive status, he posed risks to customers. SAA also argued that the short life expectancy of HIV-positive persons and the high cost of training made hiring such persons uneconomical. SAA further argued that employing an HIV-positive person would adversely impact the efficient operation of the airline and the public perception of the airline’s efficient operation. After the High Court dismissed the application, the Appellant appealed to the Constitutional Court.