Information for person with HIV

What is a disability?

The DDA defines a disabled person as a person with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities."

The Disability Discrimination (Northern Ireland) Order 2006 amended the original Act so that from the point of diagnosis of HIV, a person is considered disabled for the purposes of DDA.

You do not need to consider yourself disabled, in fact most people who have protection under the DDA do not consider themselves disabled. Before 31October 2007, progressive conditions such as cancer, MS and HIV have been covered by DDA from the moment that condition leads to an impairment which has some effect on day-to-day activities and will have a substantial effect in the future.

The change in the law makes it clearer for individuals, employers and service providers. Everyone who has a diagnosis of HIV has protection under DDA.

Certain conditions are not considered impairments under the DDA:

tendency to steal, set fires, and physical or sexual abuse of others
exhibitionism and voyeurism
hayfever, if it doesn't aggravate the effects of an existing condition
addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed.

The courts ultimately decide who meets the statutory definition.

Downloads: DDA fact sheet on definition
DDA booklet on definition
Statutory guidance on matters to be taken into account in determining questions relating to definition of disability

What does the DDA mean for me?

The DDA makes it unlawful for you to be discriminated against in:

Employment and occupation
Trade organisations and qualification bodies
Access to goods, facilities and services
Management, renting or buying land
Education

The DDA gives you protection at work from discrimination because of your HIV or for a reason relating to your HIV. If you are living with HIV, there may be times when you feel ill or you may experience side effects from medication and this impacts on you at work. There may be reasonable adjustments which could assist you with alleviating this disadvantage e.g. working flexible working hours or reallocating work just after changes in medication.

This applies to membership of a union, renting a property, obtaining a qualification or in education. This also applies when accessing a service to the public (eg. hospitals, solicitor's offices, hotels, gyms etc.)

Downloads: A Guide for Everybody - Revised

Do I have to declare that I have HIV?

The DDA does not say that an employee or job applicant must declare a disability to an employer or prospective employer. Many people living with HIV do not consider themselves to be disabled and do not like the label. Often people with HIV are reluctant to declare a disability because of the stigma and discrimination they have faced when applying for work or in work. It is important to note that if you conceal your HIV condition on a medical form and it is found out at a later date, you could be dismissed. Go to the Labour Relations Agency website for employment information.

The advantages of telling an employer about your diagnosis of HIV are that you will not have to explain the side effects of medication or be worried about trying to conceal the impairment. It does depend on the employer's attitudes to HIV. However you do have an obligation under health and safety legislation if there is an occupational risk of transmission. Stereotypical assumptions about risks associated with people with HIV should be avoided as it may constitute direct discrimination which cannot be justified.

An employer does have the right to consider your suitability for the post but this also means they have to consider what reasonable adjustments you might need before they make a decision. Employers have to abide by data protection law which safeguards confidentiality of personal or medical details.

Information about how the local disability advisor can assist you with finding work or staying in work.

Downloads: Asking employees and job applicants about disability - Fact Sheet 7 - Revised
Year:2006 (60kb, 4 pages)

Reasonable adjustments in employment

People with HIV may require reasonable adjustments to get the job done. Some people may never require any adjustments, others may require more at different times. Reasonable adjustments are individual to the person.

All employers are required to identify what adjustments will overcome either physical features or provisions, criteria or practices which substantially disadvantage a disabled person. The employer cannot justify the failure to make a reasonable adjustment where the duty arises.

Reasonable adjustments are practical solutions which will remove the disadvantage for you. There are no hard and fast rules about what is 'reasonable' as this will vary for individuals as well as for different organisations.

Try to be clear in your own mind about what disadvantages you face in doing your job and what steps could be taken to resolve these difficulties. This should help you to negotiate for the best solution for both yourself and your employer.

Reasonable adjustments could include the following:

making changes to premises
giving some of your duties to another employee
allowing absences during working hours for doctor and hospital appointments
allowing you to work flexible hours to overcome fatigue from medication
providing instructions or reference manuals in accessible formats such as easy read
adjusting performance targets to take into account the effect of fatigue on the employee
providing increased support, supervision or mentoring.

The DDA does, however give employers some guidance to help them decide whether or not a particular adjustment is reasonable.

Downloads What Employees and Job Applicants Need to Know - Revised
Year:2006 (190kb, 600kb, 31 pages)
Read the HIV and Recruitment advice for people living with HIV
Guide to the DDA for people with cancer, HIV and MS

Your rights when accessing services and premises

The DDA gives you rights when you use services like the library, a restaurant, the bank and the local doctor's surgery. It does not matter if the service is provided for free or for a cost. This also means you have the right to equal treatment when accessing health and social care. There are special rules about what is considered a service to the public. This will be changing in December 2007.

The DDA makes it unlawful to discriminate against a disabled person by:

refusing to provide a service without justification
providing a service of a lesser standard without justification
providing a service on worse terms without justification
failing to make reasonable adjustments to the way services are provided
failing to make reasonable adjustments to physical features.

You also have rights when buying, renting land or property and in relation to housing lists not to be discriminated against because of your long term health condition. It is unlawful for a person managing any premises to discriminate against a disabled person occupying those premises. This includes harassment.

Downloads A guide for everybody - Revised
Year: 2006 Disability Discrimination Law (525kb, 31 pages)
DDA Code of Practice - Rights of Access to Goods, Facilities, Services and Premises
Year: 2003 (800kb)

Your rights in school

If you have HIV, then you have rights at school under disability discrimination legislation. The disability discrimination legislation for education is called the Special Education Needs and Disability (Northern Ireland) Order 2005 (SENDO).

It is important to differentiate between what are your rights under the special educational needs framework and what are your rights under the disability discrimination duties.

SENDO does not change the way an assessment of additional educational support for a pupil is carried out, or how a statement of the help required is made, reviewed or changed. You will find further information on the identification of special needs in the Department of Education's Code of Practice on the Identification and Assessment of Special Educational Needs.

SENDO states that responsible bodies (boards of governors or proprietors) have a legal duty not to discriminate against disabled pupils or prospective pupils in all aspects of school life, including the following areas:

The provision of education and associated services
Admissions
Expulsions

Examples of the range of activities that may be covered by the term 'education and associated services' include:

preparation for entry to the school
admission arrangements
the curriculum
teaching and learning
classroom organisation
timetabling
homework
access to school facilities
after school clubs and activities provided by schools to their own pupils
school sports
school policies
breaks and lunchtimes
the serving of school meals
interaction with peers
assessment and exam arrangements
school discipline and sanctions
suspension / expulsion procedures
school clubs and activities
school trips
work experience
counselling services
medical support
preparation for the next phase of education

This is not an exhaustive list. SENDO also places a duty on schools to work towards making school life more accessible for disabled pupils in terms of premises, the curriculum and written information.

Downloads Summary guide to Disability Discrimination duties for the Schools Sector

Your rights in further and higher education

If you have been diagnosed with HIV then you have rights in further and higher education. The Disability Discrimination legislation for education is called the Special Education Needs and Disability (Northern Ireland) Order 2005 (SENDO). There are different types of discrimination in further and higher education than in schools.

Students in further and higher education have protection against the following types of discrimination:

Direct
Disability
Failure to make a reasonable adjustments
Harassment
Victimisation.

Direct discrimination cannot be justified. Special rules apply in circumstances where disability discrimination results from the application of a competency standard. The competency standard is complex and you will find further information in the publication titled Changes to SENDO in relation to further and higher education.

Downloads Changes to SENDO in relation to further and higher education (from 1 September 2006) - Briefing document
Year: 2006

Information and Support

There are a number of organisations who have developed resources and materials for people with HIV.

Northern Ireland
www.hivsupportcentre.org.uk

Information for Employers

What is a disability?

The DDA defines a disabled person as a person with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities".

The Disability Discrimination (Northern Ireland) Order 2006 amended the original Act so that from the point of diagnosis of HIV, a person is considered disabled for the purposes of DDA.

Most people with HIV do not consider themselves disabled people. Before 31October 2007, progressive conditions such as cancer, MS and HIV have been covered by DDA from the moment that condition leads to an impairment which has some effect on day-to-day activities and will have a substantial effect in the future.

The change in the law makes it clearer for individuals, employers and service providers. Everyone who has been diagnosed with HIV has protection under DDA.

Certain conditions are not considered impairments under the DDA:

tendency to steal, set fires, and physical or sexual abuse of others
exhibitionism and voyeurism
hayfever, if it doesn't aggravate the effects of an existing condition
addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed.

The courts ultimately decide who meets the statutory definition.

Downloads DDA fact sheet on definition
DDA booklet on definition
Statutory Guidance on matters to be taken into account in determining questions relating to definition of disability

Discrimination in employment

The DDA makes it unlawful for an employer to discriminate against a disabled person in relation to recruitment and selection and retention of staff. This law covers all aspects of employment including redundancy and references.

Employers cannot apply less favourable treatment because of HIV based on prejeudice and blanket assumptions about what people with HIV can and cannot do. Employers have a duty to consider what reasonable adjustments might overcome any substantial disadvantages people with HIV might experience.

For example, a person with HIV might need time off for treatment or might need to be transferred to an existing post as they may no longer be able to do their own post.

Harassment and victimisation are also provisions within the law.

Downloads Overview of employers� duties - Fact Sheet 6 - Revised
Year:2006
Employment and Occupation - Disability Code of Practice
Year 2005
A Guide to 'Unseen Disabilities for Small Businesses'.

Reasonable adjustments in employment for people with HIV

It is often easier to make reasonable adjustments for people with a visible or physical disability. People with HIV may require reasonable adjustments to get the job done. Some people may never require any adjustments, others may require more at different times. Reasonable adjustments are individual to the person. All employers are required to identify what adjustments will overcome either physical features or provisions, criteria or practices which substantially disadvantage a disabled person. The employer cannot justify the failure to make a reasonable adjustment where the duty arises.

Reasonable adjustments are practical solutions which will remove the disadvantage for the disabled person. There are no hard and fast rules about what is 'reasonable' as this will vary for individuals as well as for different organisations.

Here are some examples of reasonable adjustments that might work:

making changes to premises for example moving their work station so they are located close to a toilet
giving some of the duties to another employee
allowing absences during working hours for doctor and hospital appointments
allowing them to work flexible hours to overcome fatigue from treatment
providing instructions or reference manuals in accessible formats such as easy read
providing increased support, supervision or mentoring for people with HIV.

Failure to make a reasonable adjustment can never be justified. What is reasonable depends on a number of factors including:

How effective the adjustment is in preventing the disadvantage
How practical it is
The financial and other costs and the extent of any disruption
The extent of the employer's financial or other resources
The availability to the employer of financial or other assistance to make the adjustment
The size and type of business.

Financial assistance is available to employers from the access to work scheme in the local job centre. Click here for further information

Downloads Overview of employer's duties - Fact Sheet 6 - Revised
Year:2006
Employment and Occupation - Disability Code of Practice
Year 2005
A Guide to 'Unseen' Disabilities for Small Businesses'.

Where can I go for information and support?

Contact the enquiry line for the Equality Commission for NI for information on disability discrimination.

Other organisations which have produced information and resources for employers on DDA and HIV

Employers Forum on Disability (NI) www.efdni.org
Employers Forum for Disability www.employers-forum.co.uk
Chartered Institute for Personnel and Development www.cipd.co.uk

We have also included a list of resources from Great Britain, however be aware that the dates for the implementation of the law is different as this is now a devolved matter for the Northern Ireland Assembly.

A number of policy and campaigning organisations have produced materials for employers in Great Britain.

Information for schools and colleges

What is a disability?

The DDA defines a disabled person as a person with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities".

The Disability Discrimination (Northern Ireland) Order 2006 amended the original Act so that from the point of diagnosis of HIV, a person is considered disabled for the purposes of DDA.

Most people with HIV do not consider themselves disabled people. Before 31 October 2007, progressive conditions such as cancer, MS and HIV have been covered by DDA from the moment that condition leads to an impairment which has some effect on day-to-day activities and will have a substantial effect in the future.

The change in the law makes it clearer for individuals, employers and service providers. Everyone who has been diagnosed with HIV has protection under DDA.

Certain conditions are not considered impairments under the DDA:

tendency to steal, set fires, and physical or sexual abuse of others
exhibitionism and voyeurism
hayfever, if it doesn't aggravate the effects of an existing condition
addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed.

The courts ultimately decide who meets the statutory definition.

Downloads: DDA fact sheet on definition
DDA booklet on definition
Statutory guidance on matters to be taken into account in determining questions relating to definition of disability

Discrimination in education

A new law relating to disability discrimination in education came into effect on 1 September 2005. The new law is called the Special Educational Needs and Disability (Northern Ireland) Order 2005 (also known as SENDO). The law applies to schools, Education and Library Boards, universities and colleges including teacher training and agricultural colleges. It is important to note there has been an amendment to the further and higher education section of SENDO in September 2006.

SENDO aims to:

Introduce disability discrimination law to the education sector in Northern Ireland.
Strengthen the rights of children with Special Educational Needs to be educated in mainstream education.

SENDO does not change the way an assessment of additional educational support for a pupil is carried out, or how a statement of the help required is made, reviewed or changed.

Downloads: Overview of the Special Educational Needs and Disability Order (NI) 2005 - Fact Sheet 11
Year: 2005
Summary guide to Disability Discrimination duties for the Schools Sector
Year: 2006

What are reasonable adjustments for students with HIV?

Under SENDO, education providers in further and higher education have an anticipatory duty to make reasonable adjustments to meet the needs of disabled students.

Further and higher education colleges have to make reasonable adjustments to:

a provision, criterion or practice, other than a competency standard, applied by or on behalf of a responsible body,
if it is a provision, criterion or practice relating to-
the arrangements for determining admissions to the institution, or
to student services provided for, or offered to, students by the responsible body, and
that the provision, criterion or practice placed disabled persons at a substantial disadvantage in comparison with persons who are not disabled.

It is the duty of the responsible body to take steps as are reasonable, in all the circumstances of the case, to prevent the provision, criterion or practice having that effect. The reasonable adjustment duty also applies to the physical features of premises.

One very important substantive change to the reasonable adjustment duty as a result of the Regulations is that it will no longer be possible for a responsible body to justify a failure to comply with the duty. Therefore, where the duty arises, all reasonable steps must be taken to fulfil it and a failure to do so will not be capable of being justified.

There are a number of long term health conditions that may interfere with a student's ability to participate fully in university life - attending lectures and tutorials, completing assignments and examinations etc.

Some examples of reasonable adjustments could include the following:

change of lecture to an accessible location
extended time at examinations and for assignments
providing a student with a note taker
adjusting policies on deadlines for assignments if the student has been off ill
reasonable time off for treatment.

Students with HIV may have difficulties with extreme fatigue as a side effect of the condition.

Where can I go for more information and support?

There are a number of publications in the publications section of the main Equality Commission website. www.equalityni.org

Here are some websites you might find useful:
www.skillni.org.uk

Information for service providers and housing

What is a disability?

The DDA defines a disabled person as a person with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities".

The Disability Discrimination (Northern Ireland) Order 2006 amended the original Act so that from the point of diagnosis of HIV, a person is considered disabled for the purposes of DDA.

The change in the law makes it clearer for individuals, employers and service providers. Everyone who has a diagnosis of HIV has protection under DDA.

Certain conditions are not considered impairments under the DDA:

tendency to steal, set fires, and physical or sexual abuse of others
exhibitionism and voyeurism
hayfever, if it doesn't aggravate the effects of an existing condition
addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed.

The courts ultimately decide who meets the statutory definition.

Downloads: DDA fact sheet on definition
DDA booklet on definition
Statutory Guidance on matters to be taken into account in determining questions relating to definition of disability

What does the DDA mean for service providers?

If you are disabled person and you think you have been discriminated against in trying to use a service, for example a shop or a bank, you may want to do something about it. All service providers are covered by the DDA, large and small, private and public sector, whether the service is free or paid for. This includes, but is not limited to, services and facilities such as:

shops and restaurants;
banks and building societies;
doctors and dentist surgeries;
bus and railway stations;
insurance companies;
churches and other places of worship; and
Hotels and guest houses etc.

Some services are excluded from Part 3 of the DDA. These are:

Education and some services closely related to education. However, these areas are covered by the Special Educational Needs and Disability (Northern Ireland) Order 2005 (SENDO) and by Part 4 of the DDA (SENDA) in Great Britain.
Transport: Bus stations, train station and airports are covered. The means of transport are not. However, they will be covered under new regulations, the Disability Discrimination (Northern Ireland) Order 2006
Clubs: refer to the Disability Discrimination (Northern Ireland) Order 2006
Some services such as insurance provision or financial services which involve deposits and guarantees also have special rules.

It is unlawful for service providers to discriminate against a disabled person by:

Refusing to provide (or deliberately not providing) any service. An example would be a general practice surgery refusing a person with HIV because of their disability.
Providing service of a lower standard or in a worse manner - this would cover things like harassment of disabled customers, or being offhand or rude.
Providing service on worse terms. For example, someone with HIV is booking a holiday. The travel agent asks him for a larger deposit than required from other customers after seeing the declaration of HIV on the insurance. The travel agent believes, without good reason, that because of his disability he is more likely to cancel his holiday. This is likely to be unlawful.

Service providers also have to make reasonable adjustments to enable disabled people to use their services. In fact they have an anticipatory duty which means they have to consider adjustments before disabled people use their services. That includes providing extra help or making changes to their premises to help people with mobility problems for example. An example would be ensuring people can give their medical details in private at a reception area in a general practice.

Insurance might be a particular concern. There are special rules about this in the DDA. For example, if you apply for life insurance, holiday, private health insurance or car insurance, you cannot be refused or have worse terms applied to you unless the company bases this on reliable and relevant information and acts reasonably having looked at all the relevant factors.

In October 2004, rules known as the physical features duties of the DDA became law. These rules mean that service providers have to take reasonable steps to overcome physical barriers which stop, or make it difficult for, disabled people using a service.

Further information is available in the following booklets

Downloads: A Guide For Everybody - Revised
Disability Discrimination Act-What Service Providers Need to Know - Revised

Where can I go for more information and support?

You can contact the enquiry line in the Equality Commission for NI for further information.

Other organisations which may assist you are listed in the publication 'What service providers need to know'

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Forward this campaign message to all you colleagues and friends. You can also download our campaign banner to raise awareness of rights for people with cancer, HIV, MS and mental health impairments.

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