Discrimination at work | Ensuring Positive Futures

Discrimination at Work

Under the Disability Discrimination Act, people living with HIV are protected from discrimination or harassment.

If you feel you are been discriminated against because of your HIV status, or for any other reason, do not hesitate to contact us for advice. This is not something you should have to go through on your own.

This information is provided for your information, but we must stress, it is not intended as a replacement for professional advice.

cover of positive nation magazine Scott Watts took his employers to a tribunal when they sacked him because of his HIV status.

Scott was at work in his new job when he got the news that his case was succesful.

“I thought: ‘My God, we won’. Then I thought, ‘No, it’s a moral victory, but I’m still not sure about the ‘winning’ part’.”

Read his story online at PositiveNation.co.uk

What counts as discrimination at work?

Discrimination means that you are treated less favourably than other job applicants or employees because you are HIV positive.

For example, if an employer or a potential employer treats you differently because of a generalised assumption made about how the virus affects your ability to do your job, they would probably be breaking the law. Less favourable treatment which arises from ignorance or prejudice about HIV would also probably count as discrimination.

It is also unlawful for an employer to dismiss you on the grounds of your disability, or to subject you to any other detrimental treatment.

Remember that discrimination can occur in loads of different ways. For example, you might be overlooked for promotion because you are HIV positive. Or your employer might make incorrect assumptions about how HIV is transmitted and not allow you to use certain company facilities such as the staff kitchen.

Employers will also be discriminating against you if they victimise you because you are HIV positive, or if they fail to make reasonable adjustments for you in the workplace.

What counts as harassment at work?

This includes bullying, name-calling or any other behaviour that could humiliate, degrade or embarrass you because of your HIV status.

Under the Disability Discrimination Act harassment is a separate offence from discrimination, but obviously the two are related, and harassment can put you in a situation where you are being discriminated against.

Harassment occurs when someone (your boss, your supervisor or a work colleague) behaves in such way that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive atmosphere because you are HIV positive.

If this behaviour was designed to intentionally cause offense, the perpetrator will have broken the law. If, however, the perpetrator claims that they did not intend to cause offence, you will have to show that you suffered because of their behaviour.

Harassment is one of the most difficult situations to deal with; it can have severe effects on your self-esteem, and can make you feel depressed and isolated.

If it happens to you, try and gather some evidence before you complain. Maybe keep a diary of things that happen, so you can quote the time and the date of each incident. If the harassment involves offensive material such as emails, make sure you print them off or save them onto a disk.

If you have evidence to support any complaint or claim, it is much more likely that you will be taken seriously. Don’t hesitate to seek professional advice.

How can I prove that my employer is discriminating against me?

Sometimes discrimination or victimisation can be very hard to prove. If you are being discriminated against or picked on because of your HIV status it is likely that this is a very stressful and worrying time for you. It can have a seriously detrimental effect on your general health and well-being if you are unhappy at work.

So it is very important for you to take a step back, and try and look at your situation objectively. If you make a complaint or pursue a grievance when you are emotional or angry it will probably not be very successful.

Sometimes discrimination can be very subtle. Somebody may be making remarks or treating you differently in such a way that no one notices apart from you. This can make you feel even more isolated. So it is very important that you start to gather some form of evidence to back up your claim.

There may be other employees who will give evidence on your behalf, although often people will not want to come forward. If you can, ask them to make a written statement in support, as this will make it harder for them to change their mind.

Start a diary of the discrimination or victimisation. Make a note of the date, the time, the location and details of what happened and what was said. Then make a note of how this made you feel. Did you humiliated or embarrassed? Did you feel degraded or offended? Remember the more details you record, the stronger case you will have in the future.

Remember, it can give a back a feeling of control over the situation if you start making positive steps towards combating discrimination or harassment. You do NOT have to suffer in silence, but if you make a complaint, have some evidence to back you up, and keep your emotions out of it.

Who can I talk to for help?

Discrimination or harassment should not be something you have to deal with by yourself. Don’t worry you won’t have to pay for expensive lawyers, there are loads of organisations there you will help you for free.

Try the Disability Law Service, which can offer you advice by email or over the ‘phone.

The Disability Rights Commission is an organisation that exists to combat disability related discrimination at work.

The Community Law Service helps you find free legal services in your local area

ACAS is an employment conciliation advice service which can offer confidential helpline, and a useful website.

Remember that employment law is a very complex area, so it might be an idea to seek advice from more than one organisation.