United States

Littler Mendelson logo

As the largest labor and employment law firm in the United States—with more than 800 attorneys, 51 locations, and a practice that extends into every area and sub-area of workplace law—Littler Mendelson has the ability to provide rapid, integrated solutions for any labor, employment, benefits or global migration issue.

Littler’s international experience is long-standing and diverse, positioning us to effectively assist employers with the significant challenges of managing employees in multiple countries. Our international employment law practice consists of 100+ lawyers who have worked on projects involving the employment laws of nations across the globe. Our attorneys are fluent in 20+ languages and are actively involved in various international associations, such as the U.S. Council on International Business and the International Bar Association.

Supporting Littler's international employment law practice is a well-established network of working relationships with pre-eminent employment lawyers around the world. Littler is the U.S. member of the Ius Laboris global alliance of leading human resources law practitioners, with member firms in 45 countries and coverage in more than 100 countries.

Visit Website

Employers Face Legal Hurdles in Preparing Workplace for Pandemic Illnesses

Posted on October 28, 2009 by Littler Mendelson

On October 23, President Obama declared a National Emergency in response to the H1N1 ("Swine Flu") influenza pandemic.  As the illness becomes more widespread, employers in the United States are scrambling to implement preparedness plans to deal with potential outbreaks in the workplace.  In doing so, businesses must be careful not to take actions that run afoul of U.S. employment laws such as the Americans with Disabilities Act (ADA); Occupational Safety and Health Act (OSHA); the Family and Medical Leave Act (FMLA); privacy laws; workers' compensation; and disability benefits laws. 

To assist employers in preparing for and responding to influenza outbreaks, the Equal Employment Opportunity Commission (EEOC) has issued new guidance materials that focus on how employers can take steps to maintain a healthy workplace while staying in compliance with the ADA.  The guidance materials address such topics as mandatory vaccinations, medical exams, and inquiries regarding an employee's health during the various stages of a pandemic.  For example, questions about an employee's condition that would ordinarily be considered disability-related and therefore impermissible before an outbreak might be justified if there is evidence that the illness poses a direct threat once a severe pandemic has been declared.  The EEOC guidance, along with a recent lawsuit in New York challenging mandatory vaccinations for health care workers, shows that employers must walk a fine line in implementing health-related policies. 

For more information on the employment law challenges that employers may face in addressing the flu epidemic, continue reading Planning for a Pandemic: The EEOC Issues Guidance by Terri M. Solomon and Ronit M. Gurtman.

Tags: Pandemic
Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.globalemploymentlaw.com/mtc/mt-tb.cgi/453
Comments (0) Read through and enter the discussion with the form at the end