Stigma, Discrimination Remain Prevalent
Although consensus had been coalescing for some time on the latest developments in medical science concerning HIV, a recent announcement by the Centers for Disease Control and prevention came as a welcome surpr
October 20, 2017 at 04:28 PM
5 minute read
Although consensus had been coalescing for some time on the latest developments in medical science concerning HIV, a recent announcement by the Centers for Disease Control and prevention came as a welcome surprise.
On Sept. 27, the CDC confirmed that people who are HIV-positive and are on antiretroviral therapy, and who maintain an undetectable HIV viral load, have no risk of transmitting the virus to their sexual partners.
While a significant challenge remains to get more people on treatment, people in the HIV and AIDS community enthusiastically greeted the announcement.
The news could have widespread ramification. Here at the AIDS Law Project of Pennsylvania, we hope it will bolster the fight against the debilitating stigma that many people living with HIV and AIDS now endure.
HIV has never been transmitted through casual contact, contrary to the hysteria that prevailed during the early days of AIDS and persists in some quarters to this day. It is transmitted in blood through very specific, intimate contact.
But that message has not been fully embraced by the public, where stigma persists.
“Stigma associated with HIV is still pervasive,” said Ronda B. Goldfein, executive director of the AIDS Law Project of Pennsylvania. “Three to five people a week call us who have experienced some level of differential treatment simply because they have a virus.”
National data confirms what we see here in Pennsylvania. A study by the Henry J. Kaiser Foundation in 2012 found that more than half of those surveyed still felt some discomfort with people with HIV and AIDS. Fifty-two percent said they would be less than “very comfortable” working with someone with HIV and AIDS.
Misconception about how HIV is transmitted also is widespread, with more than one in ten incorrectly believing HIV can be transmitted by swimming in a pool with someone who has HIV.
The study also found a strong correlation between stigma and misinformation. People most uncomfortable with people with HIV were also the most likely to not understand how HIV is transmitted.
Despite the dramatic advances in HIV and AIDS medicine in recent years highlighted by the CDC announcement, there sadly has not been a corresponding decrease in stigma.
When stigma morphs from a privately held thought or belief into outward, observable action, it results in discrimination against people with HIV and AIDS in almost every aspect of their lives, including housing, education and employment. In 2016, the AIDS Law Project handled 189 discrimination cases.
The reasons for the intransigence of stigma and discrimination remain elusive. Are people afraid of getting HIV? Are they judgmental of people with HIV and AIDS?
Our hope is that education is the key to fighting stigma and discrimination. The CDC's announcement can only help in that cause, but at times it seems like an uphill battle.
Ironically, a review in 2015 of our discrimination cases over a 10-year period revealed that it is most rampant in the sector where people should be the most educated about the current reality of medical science. Seventy-five percent of our discrimination cases are related to health care.
Goldfein said the AIDS Law Project pursues discrimination cases for many reasons.
“We want to see our clients compensated for their harm,” she said. “But we also want to educate the public on the actual risk of HIV transmission and that people with HIV are not a threat.”
In May, the AIDS Law Project settled a federal discrimination lawsuit it had filed in 2016 on behalf of an HIV-positive Iraq war veteran.
The woman had gone to a physical therapy center seeking treatment for chronic spine pain and limited range of motion, the result of wearing a bulletproof vest for extended periods during two active-duty tours in Iraq.
Although she had been referred to the center for aquatic therapy, she was denied the use of the pool because she had HIV, a decision that had no basis in science or medicine.
In September, the AIDS Law Project settled an employment discrimination complaint it had filed with the U.S. Equal Opportunity Commission on behalf of a certified nursing assistant who had been fired by a residential care facility.
The man had been described as an asset to the organization and offered a promotion. But he had recently been diagnosed with HIV, which he disclosed to his employer. Five days later, he was terminated.
The human toll of discrimination also can be seen in the workplace, where people can lose their livelihoods simply because they have a virus.
In a case earlier this year, we represented a chef who had recently moved to a small Pennsylvania town and gotten a job at a country club restaurant. On his first day of work he prepared a meal to follow the funeral of a country club member, which earned praise from his employer and guests.
On his second day of work, the chef was told he was fired because his employer had learned he had HIV.
The first step for the AIDS Law Project was to send a letter to the employer explaining the law and the medical science concerning HIV and requesting an informal resolution. In this case, the restaurant responded quickly and our client got a favorable settlement.
These are the kinds of cases we have taken on week after week, year after year, for 29 years. We hope that one day stigma and discrimination will not be as much a part of HIV and AIDS as the virus itself.
Mark Spencer is the communications consultant for the AIDS Law Project of Pennsylvania and a freelance journalist.
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