HIV Scotland
promoting positive change
promoting positive change
With improvements in effective treatment for HIV, many people are continuing to sustain their employment and pursue their chosen career. Historically, stigma and discrimination in the workplace have been experienced by many HIV positive people, but those with a positive diagnosis are protected in law under the terms of the Equality Act 2010. Previous legislation, the Disability Discrimination Act 2005, had extended the definition of disability to people diagnosed as HIV positive. A report on the experience of HIV positive people in the workplace was published by NAT (National AIDS Trust) in 2009 following research with gay and bisexual men and black African heterosexual men and women (the two groups most affected by HIV in the UK).
The Equality Act now prohibits the use of pre-employment questionnaires before the offer of a job is made and strengthens the provisions against harassment both for people who are HIV positive and for those who may face discrimination because they are perceived to be, or associated with, someone who is HIV positive. Under this legislation, employers are required to make reasonable adjustments to allow people with a disability to continue in their post, or to make an alternative post available should the individual’s condition deteriorate to the extent that they can no longer undertake the work for the post to which they have been appointed. NAT have produced a booklet for employers which is available on the NAT website.
A summary of ‘your rights at work’ is available.
Scotland’s overarching HIV policy is set out in the HIV Action Plan (2009 – 2014). The Scottish Government determines national policy in collaboration with key partners. Responsibility for delivery sits mainly with NHS Boards and your local councils.