Working Life and New Rights

posted: 05/05/2010

The Equalities Act squeezed through Parliament just before the election. In October it will be law that you can use. What difference might it make to the world of work for people with HIV?
 

What’s new? 
In work situations the main new disability rights are:

• A ban on most health related questions until after a job offer is made - so asking if you have HIV or details of any health problems and absences will be barred - until they have offered the job. There are some exemptions- for example they will be able to ask if you require any adjustments to be able to carry out a task during your job selection / interview, or to ask if you are a ‘disabled person’ on a simple equality monitoring form.
• Introduction of ‘protected characteristics’ – ‘disability ‘ is one of these . Protected characteristics are the groups and situations where people have legal protection from discrimination. Protected from discrimination are people with disabilities (this includes everyone with HIV), sexuality, gender, race, age, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, and religion or belief.
• Discrimination by Association. This protects people from discrimination when they are associated with a person with protected characteristics – eg the HIV negative / untested partner of someone with HIV will also be protected. So refusing a job to a HIV negative (or untested) gay man for fear that he might have HIV and need time off work, would be illegal disability discrimination.
• Discrimination by Perception. Someone may mistakenly believe you are a disabled person and discriminate against you because of this. This is now illegal too.
• Combined Discrimination. People can now claim direct discrimination for up to 2 protected characteristics – so you could claim discrimination both about HIV and race, or HIV and gender, or HIV and sexuality – or any other combination. 
• Detriment Arising from Disability. This gives back the legal right not to face ‘less favourable treatment’ – court decisions made this difficult to win. For example sacking someone for taking reasonable time off for a HIV clinic appointment is wrong – it is an impairment-related absence. The employer would have to prove the dismissal was a proportionate means of achieving a legitimate aim.
• Duty to make reasonable adjustments – this is now a little better - employers now have to provide auxiliary aids or services to remove any disadvantage the person experiences.
• There’s a broader definition of disability to include more people, but everyone with HIV is already protected as ‘ disabled.’ This therefore helps some people who don’t have HIV. People now only have to show that any impairment they may have has a “substantial and long term effect on a person’s ability to carry out normal day-to-day activities”.

More Information

For more background, and for an easy read summary of the Act, visit the Equalities Office website

Eversheds (they are lawyers) Guide to the Act for Employers
Equality and Human Rights Commission:
HR Magazine article

Source - Breakthrough UK

HIV - New Rights

posted: 08/04/2010

The new Equality Act gives some useful new rights for people living with or affected by HIV. The Act just squeezed through Parliament in time before the election.
 

Pre-Employment Health Questionnaires - banned
The Equality Act, which will come into effect in October, bans employers from using health questionnaires before you are offered a job. Until now, employers could ask job applicants whether they have a disability, are taking medication, or have a medical condition – even if it these make no difference to whether you can do the job. The legal ban on pre-employment medical questionnaires will make it easier for people living with HIV to get back into work or to change jobs.
 

Associative discrimination - banned
The Act also protects from discrimination people who are thought to be, or are associated with, someone who is living with HIV. So partners, family, or friends of someone with HIV can also make claims for disability discrimination if they face HIV-related discrimination because of their contact with someone with HIV. And groups most affected by HIV, such as gay and bisexual men, will also be able to complain if they experience discrimination because they are thought to have HIV.
 

Multiple Discriminations - banned
Dual discrimination will also be recognised for the first time; many people experience discrimination based on their HIV status and sexual orientation and/or ethnicity. People will now be able make claims for each of these reasons rather than be limited to just making a complaint based on one type of discrimination.
 

Deborah Jack, Chief Executive of NAT, commented “We are delighted that the Equality Bill has made it onto the statute books. NAT has actively campaigned for the Bill to include real benefits for people living with HIV. We have succeeded in making sure people living with HIV will no longer have to fear being asked to disclose their status when applying for a job.
We are also pleased that the Act outlaws discrimination based on perception or association and dual discrimination. These new protections secured in the Equality Act are an important step towards a society free from HIV-related prejudice and discrimination.”

For a full summary of the Equality Act and the employment and other reforms that will be law from October see: http://www.equalities.gov.uk/equality_bill.aspx