Applying for a job
What should I say on a job application form?
Do I have to disclose my HIV status if asked on a medical questionnaire?
My former employer knows my HIV status. Can they disclose this information in a reference?
What if I am asked about my health during an interview?
My prospective employer requires a medical assessment. Must I comply?
The post I am applying for will require me to undertake international travel to countries that may have visa restrictions for HIV positive people. Should I disclose my HIV status?
What should I say about gaps in my CV?
Q. What should I say on a job application form?
A. Jersey Employment Law currently provides no protection from discrimination for people during the recruitment process.
Many employers will ask questions about your health, despite the fact that it is considered poor practice to ask about health during the application process unless specific physical fitness requirements are considered a necessary criterion for the job. The wording of these questions may vary but in all cases you should think carefully before you disclose your status.
Remember: it is your choice whether or not to disclose your HIV status. There are advantages and disadvantages whichever choice you make. Unfortunately not all employers are as sympathetic as they should be therefore you should exercise caution, and seek advice.
We would advise you against being directly untruthful on an application form or medical questionnaire if you are asked if you have a disability, but this often depends on the exact wording of the question. You should also be aware that application forms are an implicit part of an employment contract. Therefore, there could be subsequent legal consequences if it becomes a relevant factor in any dispute with your employer that you provided misleading information.
You may choose to leave the question on a form blank. This means that you are not disclosing but neither are you misleading. In this case, avoiding the question would not necessarily be considered a breach of an employment contract in itself and opens the window for disclosure at a later stage if you wish to do so.
Q. Do I have to disclose my HIV status if asked on a medical questionnaire?
A. According to best practice, an employer should only ask people to fill in a medical questionnaire after the acceptance of a job offer. However it is possible for a medical questionnaire to be given to a job applicant before this stage.
Failing to disclose honestly on a medical questionnaire could be considered as grounds for termination of employment. Remember that, unlike the UK, you do not have recourse to disability discrimination law to challenge this kind of discrimination.
However you could state that you would be happy to provide any details after a job offer has been made or you could request to communicate directly with the prospective employer’s occupational health service, where available.
Q. My former employer knows my HIV status. Can they disclose this information in a reference?
A. It is against the law for former employers to disclose your HIV status, without your consent. If you have given a former employer as a referee you might wish to contact them to let them know they may be approached. If you former employer knows about your HIV status, you may wish to use this opportunity to ensure that they do not mention this in your reference. Doing so would break the Data Protection (Jersey) Law 2005.
Q. What if I am asked about my health during an interview?
A. It would be unusual to be asked about health during an interview unless specific physical fitness requirements are needed for the job.
If a question about health is asked, the choice of response is a personal one. Remember there is no legal obligation to disclose your HIV status, but also remember that you do not have the protection of disability discrimination law in Jersey, at the present time.
Some options you may want to consider are:
- Disclosing your HIV status and focussing on your current good health, your success in managing your condition, and your ability to do the job.
- Saying that you would be happy to provide further details regarding health status if you are offered the position and / or that you prefer to discuss it privately with occupational health services.
- Choosing not to disclose your HIV status. However, this could have subsequent legal consequences if it became a relevant factor in any dispute with your employer that you provided misleading information during the recruitment process.
Q. My prospective employer requires a medical assessment. Must I comply?
A. Any policy requiring a medical examination should not discriminate against disabled candidates. Furthermore, medical assessments should be appropriate and relevant to the role. If medical examinations are ’universal’ (a requirement for all staff), it is not discriminatory practice to expect you to accommodate such a policy.
Information collected about you during a medical examination should be kept strictly confidential, and used only for its intended purpose within the employer’s existing policies. It should be made clear to you what the information will be used for, who is likely to see it, and how it will be retained. Your consent should always be sought before confidential information is shared.
These legal requirements also apply to any third party or external assessors used to conduct medical examinations on behalf of the employer.
In the UK, any discriminatory behaviour arising after a medical assessment (such as withdrawing a job offer on the basis of disability) would contravene the Disability Discrimination Act. This legal protection is not currently available to people living with HIV in Jersey, although good employers should have policies and guidelines, which outlaw disability discrimination and uphold best practice in recruitment.
Q. The post I am applying for will require me to undertake international travel to countries that may have visa restrictions for HIV positive people. Should I disclose my HIV status?
A. Travel requirements may appear as specific criteria on the person specification and may lead to complications if the person appointed is required to travel to countries which have visa restrictions for HIV positive people. In this case we would advise you to start by finding out if the employer has an HIV policy which covers this situation. Many larger companies will have a written policy setting out their response to issues directly affecting HIV positive staff. Your findings will then inform your decision on whether you decide to apply for the position and whether or not you choose to disclose your HIV status.
Q. What should I say about gaps in my CV?
A. If you have had time away from employment as a result of your HIV status, you may feel uncomfortable about answering questions about gaps in your CV. It is however, important to be as honest as possible during your interview. Some potential responses you might consider are:
- Explain that the gaps in your CV are the result of a disability, but one that does not impact on your eligibility for consideration for appointment to a particular role.
- State that gaps in employment result from a specific health condition, which is now managed and you would be happy to provide further information to an occupational health specialist, if required.
- Disclose your HIV status; emphasize your current good health and success in managing your condition, try to address any concerns the interviewer may have, and/or offer to provide additional information if required.
- Talk about any gaps in your employment in terms of personal development you might have undertaken during these times, without referring to HIV. You might want to talk about any courses you attended, hobbies, involvement in community groups, personal development, etc.
Last updated April 2010