HIV, AIDS and Hepatitis C

Under the Victorian Equal Opportunity Act 1995, it is unlawful to treat someone unfairly or harass them because:

they actually are or are assumed to be living with HIV, AIDS or hepatitis C; or
they may have HIV, AIDS or Hepatitis C in the future; or
they are associated with a person who is, or is assumed to be, living with HIV, AIDS or hepatitis C.

Discrimination on the basis of other hepatitis viruses such as hepatitis A and B is also covered.

What is discrimination?

Discrimination on the basis of a person's actual or assumed HIV, AIDS or Hepatitis C status may be direct or indirect.

Direct Discrimination means treating a person living with HIV, AIDS or Hepatitis C less favourably than another person who does not have HIV, AIDS or hepatitis C, in the same or similar circumstances.

A factory refused to employ a person as a mechanical assembly line operator because they were HIV positive. This is direct discrimination on the basis of the person's HIV status.

Indirect discrimination happens when a requirement, condition or practice that does not appear to be unfair, in fact discriminates against people living with HIV, AIDS or Hepatitis C.

To encourage donations, an employer offered employees a half-day off to give blood. This seems to be a benefit that applies equally to everyone. In fact, however, it may indirectly discriminate against people living with HIV, AIDS or hepatitis C, who are unable to donate blood and have the benefit of a half-day off.

Discriminatory requests for information

It is unlawful to ask for information about a person's HIV, AIDS or hepatitis C status which could be used for discriminatory purposes.

In general it would be against the law to ask a person for information about their HIV, AIDS or hepatitis C status and then refuse them a job because of their answer.

GENERAL EXCEPTION - protection of health and safety Employees have a right to a safe working environment and to accurate information on transmission of HIV, AIDS and hepatitis C. In general, they do not have the right to know the HIV, AIDS or hepatitis C status of coworkers. There is an exception, however, for health and safety reasons. It is lawful to discriminate on the basis of a person's HIV, AIDS or hepatitis C status if the discrimination is reasonably necessary to protect the health or safety of any person. This exception will only apply in rare instances. Employers and providers of goods and services should ensure safe work practices to prevent occupational transmission of hepatitis in general, rather than unlawfully excluding a person because of his or her HIV, AIDS or hepatitis C status. For more information about safe work practices, contact the Department of Human Services.

Other exceptions

For information about other relevant exceptions, ask for our Disability/Impairment fact sheet.

When are discrimination and harassment unlawful?

It is unlawful to treat someone unfairly or harass them on the basis of their actual or assumed HIV, AIDS or hepatitis C status in the areas of:

Accommodation

Which covers renting, offering or providing temporary or permanent accommodation such as business premises, a house, flat, hotel or motel room, boarding house or hostel, caravan, mobile home or camping site.

Clubs and club members

Which covers social, recreational, sporting or community service clubs that are located on Crown land or receive any financial assistance from the Government or a municipal council.

Disposal of land

Which includes selling or transferring land.

Education

Which includes refusing to admit a student to an educational institution, setting unfair entry terms, denying or limiting access to benefits, expelling the student or any other unfair treatment based on their actual or assumed HIV, AIDS or hepatitis C status.

Employment

Which includes job applicants, employees and contract workers. It covers recruitment, terms and conditions of employment, promotion and transfer opportunities, leave entitlements, redundancy, dismissal and exiting arrangements, including the provision of references.

After telling her workmates she had hepatitis C, Mariana was removed from her usual front desk job and transferred to the storeroom to work alone. Mariana may lodge a complaint of discrimination with the Equal Opportunity Commission. At conciliation, the negotiated resolution may include an undertaking by Mariana's employer to give her usual job back, and to provide accurate information on the transmission of hepatitis C to all employees.

Goods and services

Which includes refusing to supply a person with goods or services, supplying a person with goods or services on less favourable terms or any other unfair treatment based on their HIV, AIDS or hepatitis C status. It does not matter whether the goods and services are provided for money or not.

Insurance companies and superannuation schemes may impose different terms or refuse cover for people living with HIV, AIDS or hepatitis C, but only if this can be objectively justified by actuarial or statistical data or other reasonable evidence.

Sport

Which includes failing to select a person for a sporting team or excluding them from participating in a sporting activity.

When Kovas' past intravenous drug use became known to his basketball team, he was dropped from the team because his coach thought he could have contracted HIV, AIDS or hepatitis C as a result. Kovas may lodge a complaint of discrimination with the Commission on the basis of his assumed HIV, AIDS or hepatitis C status. At conciliation, possible negotiated resolution may include an apology and an offer that Kovas rejoin the team.