The Equality Act 2010 gives protection to disabled people from discrimination in a number of different areas, including employment and recruitment.
HIV is considered to be a disability for the purposes of the Equality Act from the time of diagnosis.
This protection now in place makes it illegal for employers to discriminate directly or indirectly on grounds of disability. This regulation applies from the time an employee (or prospective employee) applies for a job, through to their employment (by regulating the terms and conditions of employment), to an employee’s promotion. It also covers any selection for redundancy.
It includes an end to employers asking pre-employment health-related questions to candidates during recruitment, which is really important for people with long-term health conditions looking for work or looking to change jobs.
The intention is to update, simplify and strengthen the previous legislation, protecting people from unfair treatment and promoting a fairer and more equal society.
Summary of relevant provisions for disabled people in the Equality Act:
- Disabled people cannot be unfairly screened out when applying for jobs as the Act restricts the circumstances in which employers can ask job applicants questions about disability or health.
- Protection from indirect discrimination has been extended to include disability.
- The Equality Act now protects people who are perceived to have, or are associated with someone who has, a characteristic covered under the Equality Act.
- The Equality Act introduces a new concept of 'discrimination arising from disability', to replace protection under previous legislation lost as a result of a legal judgment.
- The Equality Act increases the thresholds for the duty to make reasonable adjustments for disabled people.
- The Equality Act extends protection from discrimination in private clubs due to sex, religion or belief, pregnancy and maternity, and gender reassignment.
- The Equality Act introduces new powers for employment tribunals to make recommendations that benefit the wider workforce.
- The Equality Act improves provisions to allow voluntary positive action.
Further information and guidance:
The Government Equalities Office has more detailed information including Equality Act 2010: What do I need to know?, which contains short guides to the Act explaining how the changes to the law affect different people and organisations and providing practical examples.
The Equality and Human Rights Commission has published detailed guidance on equality law and good practice as well as a code of practice - Codes of Practice on the Equality Act 2010.
Downloads
THT Direct can help with individual enquiries from people living with or affected by HIV who feel they have experienced these types of discrimination.