You are working in an office and Michael a friend and work colleague is having difficulty maintaining doctor’s appointments and working full time due to commencing treatment. You encourage him to approach the manager and disclose his hep C status in order to allow for some flexibility during this process. The manager is very responsive to Michael’s requests and makes suitable accommodations. One month later Michael is fired due to ‘staff cut backs and funding restrictions’. However during a lunch break you hear the manager saying to a group of staff you never can tell who those drug users are until something like this happens’. What do you do?
Issues for discussion
- Employers may have a legal obligation to adapt the work environment if an employee has a disability. Hepatitis C is a recognised disability for the purposes of the Anti-Discrimination Act.
- Employees also have the right to privacy and confidentiality within the workplace and breaches of privacy can be reported.
- The Anti-Discrimination Commission could investigate whether Michael’s termination was associated with his hepatitis C status and reach an agreement between all affected parties, or refer the complaint to conciliation or to a tribunal.
- What assumptions occurred between drug use and hepatitis C?
Client issues
- Does Michael have a right to know that his disclosure could have been the reason for his termination? How do you approach him with this information?
- What emotional support services can Michael access during this process?
- Social isolation and financial changes may also impact upon Michael’s health. Can you provide/access any support services?
Organisational issues
- Can you recommend in-house staff training to facilitate a better understanding of hepatitis C in the workplace.
- What can you do to change the culture of discrimination amongst your co-workers?