As your organization takes steps to prevent the spread of the H1N1 (swine flu) virus this fall, it is also important to consider the potential for discrimination claims if any of your employees contract the illness.

The Equal Employment Opportunity Commission recently issued the following guidance pertaining to the swine flu and discrimination:

* Title VII of the Civil Rights Act prohibits employment discrimination on the basis of national origin (for example, discrimination against those of Mexican origin because the H1N1 break out started there).

* Title VII also prohibits national-origin discrimination against employees who work in the United States for covered employers, regardless of the employees’ citizenship or work authorization. While federal law prohibits employers from employing individuals lacking work authorization, employers who nonetheless employ undocumented workers are prohibited from discriminating against those workers.

* Title I of the Americans with Disabilities Act regulates medical examinations and disability-related inquiries of employees and applicants and only permits them if certain conditions are met. For more information, go to the EEOC website http://www.eeoc.gov/facts/pandemic_flu.html .

My Response to this:

Remember to have a well established workplace illness policy and to communicate it consistantly (once everyother week) during the flu season so that your employees know what your expectations are.  Perhaps having articles of interest on how to maintain a clean office space, how to wash your hands, hand sanitizer scattered throughout the office, tissues throughout the office, etc.  Remember under OSHA and every state requires that employers maintain and clean/ healthy work environment.

Source: hr.blr.com