New Bill Protects Sufferers of Progressive Illnesses - International Law Office

The government has published a Disability Discrimination Bill which includes proposals to extend the scope of disability to progressive illnesses such as HIV (human immunodeficiency virus), multiple sclerosis and cancer. Under the current law employees with progressive illnesses are not entitled to protection until they experience symptoms affecting their normal day-to-day activities. This could mean that an employee diagnosed with HIV, who is an easy target for discrimination, may not receive protection because advances in the medical treatment of HIV mean that he or she may be asymptomatic for years. The new proposals address this risk. As soon as employees are diagnosed with these three progressive illnesses, they will be deemed disabled.

Further changes to the Disability Discrimination Act 1995 come into effect on October 1 2004. These include a new definition of 'disability discrimination', a prohibition on harassment, removal of the exemption for small businesses and clarification of the duty to make reasonable adjustments (for further details please see "Disability Discrimination Developments").

For further information on this topic please contact Mark Mansell or Felicity Gemson at Allen & Overy by telephone (+44 20 7330 3000) or by fax (+44 20 7330 9999) or by email (mark.mansell@allenovery.com or felicity.gemson@allenovery.com).