HIV AND THE DDAMany living with HIV may not regard themselves as disabled, but future changes in disability law should lay important foundations for combating discrimination in the workplace, says UKC chief executive Stephen Bitti
Changes to the Disability Discrimination Act (DDA) are currently
being debated in the Lords. If these changes are made law, which seems likely
at this time, they will provide protection from point of diagnosis for people
living with HIV (PLWH). And when it comes to employment issues, the Act will
set a minimum level for good practice. While we hope few will actually need
to use the provisions, the message behind these changes is clear - discrimination
against people with HIV will no longer be tolerated.
UKC, as lead and accountable body of the Ensuring Positive Futures (EPF) work
programme, part of the Positive Futures Partnership (PFP), is lobbying hard
with its partners for this change. We at UKC are fully aware that many people
living with HIV do not regard themselves as physically disabled. But they
do feel socially disabled due to the prevalence of discrimination, stigma
and prejudice in society. These prejudices are usually based in people’s
misconceptions of what it means to live with HIV.
Misinformation and inaccurate media coverage, causes many people living with
HIV to face hostility and prejudice in all areas of their life. Current Health
Protection Agency figures indicate there are over 63,000 PLWH in the UK (38,000
in London). The majority of these are of working age. Often the biggest barriers
to our social inclusion are not health-related but more to do with the socially-disabling
effects of HIV stigma and discrimination prevalent in society.
Discrimination takes many forms: recruitment application forms requesting
unnecessary details of medical history; health workers treating patients with
HIV differently; or more directly, by bullying and harassment in the workplace,
or worst of all unfair dismissal.
Like many ‘hidden disabilities’, HIV is not always obvious to
others, and many PLWH will not wish to disclose their status; some because
of fear of stigma and the associated discrimination; some because they feel
it irrelevant to their ability to do their work or take part in other activities.
They see no reason why anyone else should know.
With our partners in the PFP provide services for PLWH who want to explore
options about their future and work with employers and unions to encourage
our employment. PFP promotes the fair and equal treatment of PLWH, ensuring
talents and skills are not lost due to ignorance and unfair practice.
We are also aware that companies continue to be wary about employing PLWH
because of unfounded concerns about how it will impact on their business.
The best way to combat this wariness is by helping human resources departments
adopt active and robust HR policies and procedures that include protection
for PLWH. These policies then need to be operated alongside appropriate training
programmes designed to raise awareness of diversity and equal opportunities
among all managers and staff. Through the EPF programme, PFP is intending
to extend its work to unions and other employment bodies.
Sadly this is not yet the case. The World Economic Forum’s Global Review
2003 - 2004 of the business response to HIV and Aids reported in PN last month
concludes: “Firms are not particularly active in combating HIV/Aids,
even when they expect the epidemic to cause serious problems for their business.”
This failure to act suggests that many companies either lack information and/or
incentives. Government must continue to persuade business at all levels to
be mindful of these progressive changes to the DDA with regard to HIV (as
well as MS and cancer), encouraging the creation of safe working environments
for all, including PLWH. This will ensure that PLWH can remain fully active
and productive members of our diverse society and in turn ensure that few
have to resort to using the DDA to protect their rights.
