Industry News
Employment Discrimination and H1N1 Flu Virus
Many employers are justifiably concerned
regarding the potential for outbreak of the H1N1 Virus, commonly
referred to as the Swine Flu. Employers must balance the rights of
individual employees under various Federal and State labor laws and the
potential business interruption that could be caused by an outbreak.
Below are things an employer may and may not do when dealing with the
virus.
An employer may:
- Encourage employees to stay home if they are sick.
- Encourage employees to be vaccinated if they are in a high-risk group.
- Train employees on preventive measures such as using hand sanitizers and proper sneezing etiquette.
An employer may not:
- Require employees to be vaccinated or disclose their vaccination status.
- Send employees home if they appear to be sick or there is concern that they have been exposed to the virus.
- Conduct medical inquiries regarding the nature or severity of an employee's illness when they have missed work.
- Discriminate against groups of employees because they are perceived to be at a higher risk of infection.
Story Added: 9/29/2009
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