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
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