What
are the risks of
disclosing your HIV status at work, asks Amanda Elliot
If you believe the headlines, there has never been a better time to tell workmates
and bosses that you are HIV positive. Many of these ‘new dawn’ predictions are prompted by new provisions of the Disability Discrimination
Act (DDA) that came into force in October.
But HIV employment experts expect these changes to have only a marginal impact
on the rights of working people living with HIV.
True, the police, prison service and barristers in chambers can no longer
legally exclude people living with HIV from their ranks. But in general, most
people with HIV are still not protected by the law unless they have, or have
had, an Aids-related condition.
Legislation that will extend DDA to protect people with HIV ‘from the
point of diagnosis’ is still being considered by Parliament and will
not be implemented until late 2005.
The plain fact is, the day-to-day reality of working with HIV in the 21 century
is still fraught with problems. Fear of discrimination and other people’s
reactions prevents most people from disclosing their HIV status, which is
not surprising when latest research reveals some employers are still woefully
ignorant about how the virus is transmitted.
And those who do claim discrimination have not faired well. Only last month,
teacher Anthony Neary failed to convince an employment tribunal that he was
sacked from his school because he disclosed his HIV status - despite previously
being promoted and getting a pay rise.
Recent research by the Positive Futures Partnership (PFP) shows most firms
lack a policy for supporting HIV positive employees who disclose their status.
And even more worrying - one in three senior managers thought they would struggle
to maintain confidentiality if a member of staff disclosed to them. A staggering
87 per cent of bosses and 82 per cent of employees questioned said people
living with HIV still faced stigma and discrimination.
Christina Earl, PFP’s employer training and development manager, said:
“Large employers and their human resources departments are keen to adopt
HIV policies. But disseminating that policy right down to the shop floor is
more difficult. Middle management can panic and end up telling people they
shouldn’t tell - simply because they don’t know how to handle
the situation.”
Christina said the research showed that some employers and workers still believed
it was possible to contract HIV from mosquito bites, kissing and even sharing
cups and cutlery. And some still though people with HIV could not work as
a chef, waiter, teacher, GP or a nurse.
“It may only be a few people in a firm who are prejudiced. But if one
of those is your line manager you could be in trouble.”
Other myths around HIV persist. One in three assumed people with HIV were
likely to take more time off sick, even though organisations like the UKC
have found this not to be the case.
Disclosure is the ‘number one issue’ according to Andrew Little,
director of the PFP.
“Often the first stumbling block is when you apply for a job and the
health monitoring forms arrive. We urge clients to be as truthful as possible
because you could be caught out at a later date. Wording can make a huge difference
between someone being forced to disclose or not.
“If it asks if you have a disability I would say ‘no’; if
it asks if you have any illness that impacts on your ability to do the job
I would say ‘no’ again. If it asks if you take medication say
‘yes’ if you do.”
“Most employers have no idea why certain questions on forms are phrased
in a particular way - or why they are even asked at all. So we are working
with firms to help them ensure they don’t alienate and deter potentially
excellent applicants,” he said.
Most PFP clients usually decide against disclosure. Fear of rejection is the
biggest issue. But those who do disclose don’t usually have a problem.
Often fear of disclosure is worse than the act itself.”
But Andrew is still hopeful proposals to extend DDA in late 2005 to protect
HIV positive people from the point of diagnosis will make a difference.
“At the moment you have to prove you are disabled to gain coverage under
the Act. But if it is passed the new legislation will recognise that in fact
it is society’s reaction to a perceived disability that is the problem,
rather than the disability itself.”
Scott Watts, 29, former support worker for young adults with learning
disabilities
Scott found himself out of a job as a support worker for young adults in Kent
after disclosing his HIV status.
“I decided to tell them myself, even though I was not legally obliged
to. At first they were very supportive and stressed it would not be an issue.
My consultant’s report explained my virology meant I was low risk.”
But the firm insisted on conducting a risk assessment that concluded he was ‘high risk’. Scott was furious to discover the report was based
on outdated medical information about HIV and Aids from the late 1980s.
“The assessor stated HIV was measured in years, between infection and
developing full-blown aids until such time a treatment was found. There was
no mention of viral loads, antiretrovirals or CD4 counts.” His line
manager even admitted he would still have a job if he hadn’t disclosed.
“At this point I realised my situation was untenable.” He left
the firm and is now taking legal advice but has been left bruised by the whole
experience.
“From now on I am going to be very, very careful who I tell. It has
shattered my faith in human nature. I am moving to Leeds to get away from
it all. I have gone from being a valued employee to being unemployed and on
anti-depressants. I have even been abused by in the street by someone from
work.”
Kris Evans, 30, a former call centre worker
Kris Evans was considered a model employee until he took two months off to
care for his boyfriend after they were co-diagnosed with HIV. He decided to
tell his human resources manager and line manager why.
“I thought it would make my life easier and I assumed they would have
21st century policies on equality. They were reasonable at first, saying they
would do everything they could to sort things out. But it didn’t last.
“It started in small ways. They listened in on my calls far more frequently
than before and I started getting called into the office for silly little
things. Eventually, when I was called in for something incredibly petty, it
suddenly dawned on me what was going on and I walked out of work and was signed
off sick.”
When he was invited in to discuss a ‘work placement adjustment’ he found his HIV status has been disclosed to another senior manager against
his express wishes. At that point he contacted Duncan Lewis solicitors. The
company eventually agreed to pay Kris a settlement. He is now studying to
be a probation officer.
“Even though it was unpleasant I would still tell people not to be afraid.
Don’t let them get to you. It is about self respect. It’s not
a problem for me, only for other people.”
Maria Theresa Thomson, 41, PA.
Maria first disclosed her HIV status three years ago when working as a PA
in a private firm of architects. Her boss seemed to take it well but then
she began to be sidelined.
“Younger and less able people were being given responsibilities I’d
requested. I wondered if my medical status had led me to be considered unfavourably
and senior management thought I might not prove to be a good investment.
“Nothing was ever said outright, but I was told it was unlikely my duties
would change despite me demonstrating ways I could help the office.”
Maria eventually went to work in the voluntary sector for a lottery distributor
where she again decided to disclose.
“My office environment is tolerant of diversity. I am not the only one
with a disability. Access to work is considered important and all employees
get equalities training.
“The organisation practices what it preaches and is an example to others
in how to work. I feel proud to work here and I now feel supported and valued.
“Quite a few colleagues know I have HIV, but they treat the same way
as when they didn’t know. Because I treat my condition matter-of-factly,
people take it in the same manner - as a condition I live with, not one that
has taken over my life. Once done, the sense of relief about not having to
hide anything is great. At work, I now feel free to achieve the potential
I have within me.”
Paul Ferrier, 50, former manager for a high street Bank
After 32 years working for the same firm, Paul was forced to take early retirement
from his job as a manager with a leading bank after he was diagnosed with
HIV.
Paul fell ill in September 2003 and was diagnosed in November 2003. He told
his line manager and HR consultant and was signed off sick for several months.
He heard nothing until they visited at home four months later.
“They presented me with three options: retire, go back to work in the
same job or move to a job in Cardiff.
“They indicated my old job was not an option as rumours were circulating
- clearly confidentiality had been breached. And Cardiff was out of the question
as my home is here. So I signed the forms. My company sickness leave entitlement
hadn’t even expired.”
“In retrospect I was too ill to know what I was doing; too ill to make
a major decision like that. I felt I was pushed into making a decision too
early because they just didn’t know what to do with me. They just wanted
rid of the problem.”
From managing some 120 people he is now on benefits but eager to get back
into work.
“I should have kept my mouth shut and sat it out. No matter how long
you work for a company and however much you consider people as friends - HIV
still carries a stigma.”
More Information
Positive Futures Partnership: www.positive-futures.org
HIV@Work: addressing Stigma and discrimination: employers’ resource
pack - contact the National Aids Trust.
Acas: dispute resolution and arbitration service, www.acas.org.uk
Duncan Lewis Solicitors: solicitors with experience in HIV legal matters,
www.duncanlewis.co.uk
