§ Mr. WigleyTo ask the Secretary of State for the Home Department if he will take steps to ensure that people who are HIV-positive do not suffer discrimination as a result of employment practices followed by his Department. [137781]
§ Mr. StrawThe published Home Office business plan states that
The Home Office is committed to a policy of equal opportunity for all staff, regardless of ethnic origin, religious belief, gender, sexual orientation, disability or any other irrelevant factor.In addition, guidance distributed and available to all staff on preventing and tackling harassment and discrimination makes it clear that harassment and discrimination of any kind are unacceptable and that the Department is committed to eliminating these behaviours. The guidance explicitly recognises that real or suspected infection with AIDS/HIV is one of several grounds by which people may be subject to harassment or discrimination, and that such behaviour will be dealt with under the Department's disciplinary code.
Under the Disability Discrimination Act 1995 (DDA) it is unlawful for an employer to treat an employee or applicant with a disability less favourably than others because of that disability. The employer has a duty to make a reasonable adjustment if a disabled applicant or employee is at a substantial disadvantage in relation to others. The duty applies to all aspects of employment, including recruitment and selection, training, transfer, career development and retention.
The DDA definition of disability covers a broad range of people. Special rules apply to people with progressive conditions which are covered by the DDA from the moment any impairment resulting from that condition has some effect on their ability to carry out normal day-to-day activities. The Act cites HIV infection as an example of a progressive condition.