An employee is travelling to Mexico for a funeral. Can the employer ask her if the death was related to swine flu?
7 May 2009
While it is not unlawful to ask an employee the nature of the death, it is also not customary nor necessary and could be an action that leads to a discrimination claim.
While it is not unlawful to ask an employee the nature of the death, it is also not customary nor necessary and could be an action that leads to a discrimination claim. The Civil Rights Act protects employees from employment discrimination based upon national origin. Singling out employees with family members in Mexico and treating them differently could start the careless employer down the path to a discrimination claim. The real issue at hand is not whether the family member died from the swine flu, but if the employee has been exposed or has symptoms.
