Employment and HIV testing

The Disability Discrimination Act 1995 and 2005 (DDA) protects disabled people (including people with HIV) from discrimination at work and gives them the right to ask for ‘reasonable adjustments’ – in other words, removing barriers which may prevent disabled people from being able to undertake aspects of a job. These adjustments may include flexibility for medical appointments and privacy to take medication.

In the 1995 legislation people who were HIV-positive but who had no symptoms were not protected by the law, even though they may have experienced discrimination in the workplace. The 2005 law amended the definition of disability to protect HIV-positive people from the moment they are diagnosed.

The DDA applies to the recruitment process and to job applicants, as well as to those currently employed in the workforce.

Some employers ask job applicants to fill in medical questionnaires as part of the recruitment process, or to have a medical examination. If these measures are considered necessary, it is best practice to use them only after the job offer has been accepted, to remove any fears that disclosure may negatively affect a potential employee’s chance.

As for any other medical test, the individual concerned must give consent to be tested. If an HIV test is a universal requirement for all staff, it is not discriminatory to expect applicants to co-operate with the policy. However, any discriminatory behaviour arising after a medical assessment, such as withdrawing a job offer on the basis of a positive test result, would contravene the DDA.

The protections of the DDA only apply when the employer is aware of the disability.

However, an HIV-positive diagnosis can pose problems in certain professions. Anybody who travels a lot as part of their work may face problems with entry restrictions in various countries. Healthcare workers who perform 'exposure-prone procedures' such as surgery will be required to move to different functions if their employer is aware of their HIV status.

Moreover, despite the legislation, discrimination continues and many employers have limited understanding of HIV issues. Confidentiality may not always be protected when employees disclose their HIV status to managers or human resources personnel. For these reasons, many people with HIV choose not to mention their HIV status to their employers.

For more information on working in the UK, please visit our website for people with HIV, www.namlife.org.