Employment

The availability of effective antiretroviral therapy has had a profound impact on the ability of people with HIV to remain in employment. Moreover, research suggests that working is generally associated with better quality of life for people with HIV, and employment can be important in how individuals see themselves and their place in the world.

Nonetheless, disclosure of HIV status and fears of discrimination tend to be major concerns for people in employment. While many individuals have found ways to manage these issues in quite pragmatic ways, the use of the anti-discrimination legislation that exists has been relatively limited.

The principal focus of this chapter is on the protections given by the Disability Discrimination Act 2005 and the Equality Act 2010. However, the legislation can only be of benefit when an employer knows that the employee has HIV, something that many individuals would prefer not to happen.

For that reason, the chapter also considers the position of an employee who has HIV, but has not disclosed his or her status. How does mainstream employment law deal with, for example, the issue of long-term sickness absence?