Dealing with HIV in the workplace
August 11, 2008
I’ve just read about a man that worked as a control room officer for the Greater Manchester Fire Service who is claiming disability discrimination against his former employer for the way he was treated when he was diagnosed with the HIV virus two years ago. Michael Ashton claims that he was threatened with disciplinary action due to taking too much time off work in the few months after he was diagnosed. Ashton has also stated that work related stress, caused by his employer’s treatment of him, caused his immune system to be even weaker than it would be normally, even with the virus. He feels that he has been treated unfairly by the Fire Service, and was offered no support in a time when he needed it most.
This is a very sensitive issue. Whilst the treatment of HIV has developed so much that it is now possible for people with the virus to remain well for a long time, and are therefore able to stay in work, I can understand why many people hide their condition from their employers for as long as possible, especially when reading about cases like this one. There is a lot of prejudice against people with HIV, much of which is probably due to a lack of understanding about the virus, and fear of the risks associated with it. HIV is covered under the Disability Discrimination Act, and people with the virus are now covered under this legislation from the day they are diagnosed, which is just one reason for employers to devote some time to removing the stigma attached to HIV in their organisations. Some large organisations have policies specifically stating that discrimination will not be tolerated in relation to any employee’s HIV status, although for many smaller organisations this may be too specific. Aids campaigners have said that if HIV isn’t specified within discrimination policies, people won’t know whether they are covered. This could also be true for other chronic diseases, so perhaps it would be a good idea to list the types of diseases that are covered under the discrimination policy to make this clear for everyone. I would normally say that the way an organisation or management team behaves towards its workforce is the best indicator of its approach to equal opportunities and anti-discrimination. However it’s a big risk for an employee with HIV to tell an employer if they’re not quite sure what kind of reaction they will receive, so a sentence within a policy or handbook at least gives an indication of the employer’s intent to manage this issue effectively when needed.
There needs to be an open dialogue about this issue, as many problems can arise with an employee who is hiding their HIV status, but having to take time off to receive treatment, or may be off sick more often than other employees. As with any longer term illness or disability, an employer who is willing to discuss the implications with their employee and offer support and flexibility where needed will ultimately find a better performing and happier employee in the long term.
Has anyone had experience of dealing with this employment issue? What were the implication and how did you manage them?
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