EEOC Warns of Swine Flu Discrimination

The US Equal Employment Opportunity Commission warns against employment discrimination that could arise because of the recent "Swine Flu" or H1N1 flu outbreak, called by some the "Mexican Flu."

It's not so clear that the Swine Flu would constitute a "disability" protected by federal law, but it is clear that the law prohibits employment discrimination on the basis of national origin, for example, discrimination against Mexicans. See Title VII statute, regulations, and guidance prohibiting national origin discrimination.

At the same time, the Americans With Disabilities Act (the ADA) regulates medical examinations and disability-related inquiries of employees and applicants, only permitting them if certain conditions are met.

For the EEOC's guidance about exams and inquiries of employees, see EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act, (defining medical examination and disability-related inquiry and explaining conditions under which they may be given to employees).

For the EEOC's guidance about exams and inquiries of applicants, see EEOC Enforcement Guidance on Preemployment Disability-Related Questions and Medical Examinations.

Hispanic Warehouse Workers Win $4.3 Million

B & H Foto and Electronics Corp. will pay $4.3 million to settle a federal lawsuit filed by the Equal Employment Opportunity Commission on behalf of 149 Hispanic warehouse workers who were paid less, not promoted, or denied benefits because they are Hispanic, according to the EEOC.

B & H paid Hispanics less than non-Hispanic workers and failed to promote them or provide health benefits because of their national origin, according to the lawsuit. B & H is one of the largest retail sellers of photographic, computer and electronic equipment in the New York metropolitan area.

National origin discrimination means treating someone less favorably because:

1. he or she comes from a particular place,

2. because of his or her ethnicity or accent, or

3. because it is believed that he or she has a particular ethnic background.

National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality.