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Discrimination
When is Discrimination illegal?
Generally, anti-discrimination laws in NSW protect you from unfair treatment or harassment because you are HIV positive, or because someone thinks you are HIV positive. HIV as an unfair ground of discrimination is covered under the term ‘disability’. The law protects you from being treated unfairly because –
- you have a disability,
- someone thinks you have a disability,
- you have had a disability in the past, or
- you will or may get a disability in the future.
It is illegal to discriminate against someone on the grounds of their disability in these circumstances –
- when you apply for a job, at any time during your employment, or when you leave a job;
- when you get, or try to get, most types of goods or services;
- when you rent or try to rent accommodation;
- when you apply to get into, or are studying in, any state educational institution; or
- when you enter, join or get services from a registered club.
It is not illegal for someone to discriminate against you on the grounds of your HIV status outside these situations, however, depending on the circumstances, this behaviour may amount to illegal harassment or vilification.
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