Battles Against Stigma Can Be Won
posted: 20/11/2008
Michelle Reid, Chief Executive of George House Trust reveals how stigma and discrimination can be quickly overturned
We talk a lot about the stigma and discrimination faced by people living with HIV, but what do we really mean? This month, we look at a real example of discrimination in action, and what we can do to stamp it out.
Nick secured a good job in a call centre with a national company. On his first day at work he disclosed his HIV status to his manager. The next day he was called in to see his manager’s manager, and asked why he had not disclosed his HIV on his application form. Nick knew that he was under no obligation to do this. He was then told that because he had ‘lied’ to his employer, he was not reliable and should therefore not return to work the following day.
Call George House Trust
Fortunately Nick contacted George House Trust at this point, and came in to see Colin Armstead. Nick and Colin agreed a course of action together. Colin contacted the personnel manager, and discovered that Nick had been dismissed for ‘material non-disclosure’. Colin’s ensuing discussion with the personnel manager revealed her complete lack of understanding of Nick’s rights under the Disability Discrimination Act. She would not accept that Nick had been discriminated against in any way. She also felt that Nick had a duty to disclose to his colleagues “in case of a First Aid situation”.
Colin was very clear that the company had breached their obligations under the Disability Discrimination Act and that if this was not sorted by the end of that day, legal advice, and probably action, would be taken.
By the end of the afternoon the personnel manager contacted Colin. She had looked into the case, sought some advice, and now realised that the situation had been “completely mishandled”.
Company admits mistakes
She admitted that there was no obligation for Nick to disclose his HIV status. She wanted to apologise unreservedly to Nick for any offence or distress caused to him. The company wanted to offer Nick a choice of three different jobs, with a different manager. Colin contacted Nick with the news and he was delighted with this outcome. Nick has now accepted the offer of a job under a different manager. He is also about to attend a Newly Diagnosed Course at George House Trust.
Learning lessons
We are impressed that the company said sorry and quickly worked to undo its mistake. We’re now working with them on training relevant managers. We would always prefer to train and guide companies so they are prepared rather than have to take action against them. We are always keen to work with organisations , even if no more help is needed than suggesting sources of accurate information and best practice guidance.
Rights fightback continues
Although this story had a positive outcome, we know that there are many people who don’t come forward when they’ve been treated unfairly. Employment discrimination is just one example of the kind of unfair treatment handed out to people living with HIV. But at least we have the legal tools to fight back. We will continue to fight for people’s legal rights and best practice everywhere.
"George House Trust helped me by getting in touch with my employer on my behalf. This helped as I was able to get my job back and the company listened to what they had to say and I felt really happy with the outcome."
Insight 46 full issue
Permalink