Question

To ask His Majesty's Government whether they are considering any proposals to protect individuals living with HIV from discrimination in various sectors, including healthcare, education, employment and housing; and, if so, what are their plans.

The Equality Act’s definition of disability automatically covers people with HIV when they are in or seeking employment or seeking to access services, whether in the public or private sectors.

As well as providing protection from discrimination, the Act requires employers and service providers to make reasonable adjustments for people living with HIV. For example, an employer would be expected to allow such an employee reasonable time off work to visit hospital in connection with their condition. Employers and service providers who fail to meet their legal obligations can face legal action, should the disabled person opt for this.

In addition, the public sector equality duty (section 149 of the Act - 'PSED') requires public authorities, in the exercise of their functions, to have due regard to the need to:

• eliminate unlawful discrimination, harassment, victimisation and any other unlawful conduct prohibited by the Act;

• advance equality of opportunity between people who share and people who do not share a relevant protected characteristic; and

• foster good relations between people who share and people who do not share a relevant protected characteristic.

A raft of guidance and codes of practice are available to help employers and service providers comply with their legal obligations under the Act. People with HIV who think they have experienced discrimination may contact the Equality Advisory and Support Service (EASS), the government helpline established to provide free bespoke advice and in-depth support to individuals with discrimination concerns. The EASS can be contacted via their website - http://www.equalityadvisoryservice.com/, by telephone on 0808 8000082 or text phone on 0808 8000084. The EASS has the ability to intervene on an individual’s behalf with a service provider to help resolve an issue. The EASS can also advise people who wish to take their complaint further on their options.