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 .

BLR reminds employers that under both OSHA and corresponding state law, employers are required to maintain a safe and healthy workplace for their employees. Employers should clearly communicate their workplace illness policy to employees so workers understand their employer's expectations. As with any policy, an employer should apply its policy on workplace illnesses consistently to avoid claims of discrimination.