Man made redundant after disclosing he is HIV positive

March 2014

Simon* is HIV positive and worked in a book publishing company.

He disclosed to his employer that he was HIV positive and that he occasionally needed to take sick leave for treatment.

Simon’s employer began to ask questions about his health that Simon felt were overly intrusive.

Eventually Simon was made redundant.

He lodged a complaint of HIV/AIDS discrimination with ADNSW when he found an ad for a job which was almost identical to the job he had been doing. HIV/AIDS is defined as a disability under discrimination law.

At conciliation, the employer said they had not offered the new job to Simon because the salary was lower than Simon’s previous salary, and they did not think he would have wanted it.

The matter was resolved when the employer agreed to pay Simon $6,000.

*Name has been changed to protect the privacy of the individual.