Lawffice Space received an anonymous comment that ...

2009-09-03T21:22:37.208-04:00

Lawffice Space received an anonymous comment that made some relevant and coherent points yet sadly included some juvenile name-calling as well. I will respond to the actual arguments while declining to post the comment’s immature rhetoric.

First, the commenter known only as ‘DC09’ points out that “the guidance indicates that it is acutally [sic] the younger population (6 months to 24 years) not the mature population who are at high risk for H1N1.” The guidance specifically labels those over 65 as being at “higher risk for complications.” I erroneously stated that older workers were “particularly susceptible” when in reality they are “higher risk” because when they do get infected “they are at increased risk of severe illness.” My notes have been updated accordingly.

Second, DC09, quotes my note that employers should tell high risk employees about their risk. He or she states that I “should know better than to instruct employers to create policy (especially written policy) that discriminates it's [sic] vunerable [sic] workers (IE ADA protected workers) from the rest of the employee pool.”

First things first: I do not, anywhere in this post, “instruct employers to create policy,” written or otherwise. Period. As I indicated, these are my notes from the H1N1 guidance linked in the blog entry.

Second, even relying on the erroneous assumption that employers should create their policies around this blog entry, I do not state that employers should “discriminate.” In fact, the post explicitly states, “Don’t discriminate.” If you lack the ability to reconcile communicating risks to high risk employees and not discriminating, fine. Seek out an HR professional, research the issues (I even included links to the EEOC web site, the Department of Labor web site, flu.gov, and the specific H1N1 guidelines issued by the federal government), or contact an employment attorney. Do not come here and accuse me of instructing employers to discriminate!

Comments on Lawffice Space - Employment Law Blog: H1N1 Swine Flu Cliffs Notes for Employers

Lawffice Space received an anonymous comment that ...