These are the logos of the EQUAL programme, and the European Social Fund

What are my rights under the law?

If you are living with HIV, you are protected from discrimination or harassment by the Disability Discrimination Act. Also, if employers breach confidentiality in relation to your HIV status, they may be in breach of the Data Protection Act.

This information is not intended as a substitute for professional legal advice, and is only intended as a guide.

HIV in the workplace

Your rights under the law are wide-ranging and complex. You are protected by the Disability Discrimination Act 2005 and the Human Rights Act 1998, as well as other legislation.

Your employer may not discriminate against you because of your HIV status, neither may they encourage or pressurise any other members of staff, such as your supervisor, to treat you differently.

You are entitled to go to work without being victimised, harassed or bullied because of your HIV status. This includes your managers, supervisors and work colleagues.

You are entitled to expect your employer to make reasonable adjustments to your role or to your workplace to make it easier or more comfortable for you to cope with your job.

Please fill out a short survey

Does HIV count as a Disability?

Yes. Under the Disability Discrimination Act, HIV is classed as a disability from the point of diagnosis.

You might not think of yourself as being disabled, but remember that this is about the legal definition, not about how you see yourself.

Even if you are in good health, and you are not displaying any symptoms you are still protected under the law.

Remember, if anyone treats you differently because of your HIV status, they are probably breaking the law.

The only people not covered by the Disability Discrimination Act 2005 are members of the Armed Forces.

What if my employer does not know I’m HIV positive?

Under the Disability Discrimination Act an employer cannot be held responsible for making reasonable adjustments if they do not know that you are HIV positive or have any other disability.

If you feel the need to tell them, first discuss it with a counsellor or your trade union representative in confidence.

Don’t make a rushed decision to tell your employer, but also be aware that they can’t be expected to make any reasonable adjustments without knowing your status.

For more information see the section on Disclosure.

What do you mean by ‘reasonable adjustments’?

“The duty to make a reasonable adjustment arises where a provision, criterion or practice, or physical feature places a disabled person at a substantial disadvantage. Substantial disadvantages are those that are not minor or trivial.” Disablity Rights Commission.

The Disability Discrimination Act states that discrimination occurs when an employer fails to comply with a duty to make reasonable adjustments because you are HIV positive.

This duty to make reasonable adjustments applies in two ways. Firstly to the actual job you do, and secondly, to the physical environment where you work

This duty to provide reasonable adjustments extends to applying for jobs, or for promotion as well. For example an employer should look at ways of making the selection and interview process more accessible.

Examples of reasonable adjustments:

This is not an exhaustive list, and adjustments would need to be worked out according to your individual needs.

For more information see the FAQ on Reasonable Adjustments on the Disability Rights Commission website.