The Disability Discrimination Act

This law applies to everybody who’s had an HIV positive test result, as well as other disabled people.

It protects against discrimination from service providers (shops, restaurants, businesses of all kinds, health services, government services etc.) as well as discrimination in education, housing and employment.

What counts as discrimination?

In terms of services, it's:

• Refusing to provide (or deliberately not providing) a service.
• Providing service of a lower standard or in a worse manner – this would include being rude to you, and only offering the last appointment of the day.
• Providing service on worse terms - for example, having to pay more for it.

This is a new law and not many cases have gone to the courts yet. Many dentists and other service providers may not know about it yet, and may not realise that they are breaking the law. This situation will change as more people with HIV challenge discrimination, remind service providers of their obligations, and if necessary, take legal action.

If you've experienced discrimination - what next?

If you experience discrimination, a first step could be to speak to the service provider. Try to get hold of someone in charge, explain the problem clearly and firmly, and see if they can suggest a solution. If they don’t know about the law, point them to The Disability Rights Commission’s web-site.

If talking doesn’t resolve the problem, try getting things in writing.  A letter may help convince the organisation that they need to do something, and also gathers evidence for possible legal action. The letter should:

• Describe the discrimination you’ve experienced
• Remind them of the law
• Ask how they plan to comply with the law
• If they are not planning any changes, ask why not
• Say that if you don’t get a satisfactory reply in two weeks, you may take legal action.

Keep a copy of your letter, and any replies you receive. 

The DRC and THT Direct can give you more advice on challenging discrimination, and on taking a case further. They may be able to help you take a case to the courts.