HIV and Discrimination

What is HIV-related discrimination?

HIV-related discrimination is treating someone living with HIV differently, or less favourably, than someone who is not living with HIV or whose HIV status is unknown.

Examples:

• A person living with HIV being refused a service from a healthcare provider or another service provider.
• A person living with HIV being refused a job, or a travel or educational opportunity, because that person is living with HIV.
• Ostracizing or deliberately isolating a person living with HIV.
• Refusing to engage socially or casually with a person living with HIV.

The Law in Ireland

In Ireland, under the Employment Equality Acts 1998-2015 and the Equal Status Acts 2000-2018, it is illegal to discriminate against a person because he or she is HIV positive.

The Acts state that Disability is one of nine grounds for discrimination. Chronic illnesses, like HIV, are considered to be a disability. Therefore, HIV-related discrimination cases are taken on this ground. Discrimination is described in the Equal Status Acts as “a person treated less favourably than another person is, has been, or would be treated in a comparable situation”. Equality rights are also extended to people in the asylum system (Direct Provision) and to those who may reside illegally in Ireland.

Making a Complaint

In the first instance, it is always good practice to attempt to explain the particular grievance or problem to the individual of the service/organisation or company. A person may not be aware that offence or hurt has been caused and may want the opportunity to address the concern.  Many issues are resolved at this level.

If no satisfaction is received at this level, enquire whether it is possible to speak with a manager.  If you remain unsatisfied with the outcome, you can enquire if the service or organisation has a complaints procedure.  Engaging with an organisation’s complaints procedure may result in your complaint being addressed to your satisfaction.

If you feel uncomfortable approaching a person or a service, you may put your complaint in writing to them.  For an Equal Status Case, you must write to the service provider (the company or the person) you are complaining about within two months of the last incident of discrimination outlining the incident.  You must state that you believe you have been discriminated against according to the Equal Status Acts, 2000-2018 and tell them that if they do not respond to your complaint within one month, or if you are unsatisfied with their response, you reserve the right to make a complaint to the Workplace Relations Commission (WRC).

The WRC is like a court, but less formal.  It covers employment issues and issues relating to the refusal of good or services.  The WRC will examine the claim and make a ruling on it. To make a complaint you will have to submit an online Complaint Form.  Please note, as part of this complaints process, you may be offered Mediation to settle the dispute.  You can find out more about this process in this Guide to taking an Equal Status Case.

For an Employment Equality Case, you must make the complaint within six months. You can learn more about this process in this Guide to taking an Employment Equality Case.

If your complaint concerns any government department, the Health Service Executive (HSE), local authorities (such as City or County Councils) or An Post, and you have been unable to resolve the problem with the public body concerned, you can write to The Office of the Ombudsman.  The Ombudsman’s Office, which is impartial and independent, investigates complaints from members of the public who feel they have been unfairly treated by certain organisations.