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travel overseas, and personnel from overseas vendors and buyers often travel to theUnited States, the World Health Organization estimates that a highly contagiousairborne disease like Avian Influenza could reach pandemic distribution in as little asthree months. 81When faced with a disease in the workplace, it is imperative that businesses do notpanic or contribute to already-existing panic. This requires early education on the partof the business regarding the applicable disease. In addition to being educated on thedisease at issue, businesses should also be aware of the various state and federal lawsgoverning the workplace and should be careful not to violate such laws by hastilyreacting. Understanding the legal consequences associated with a potential pandemicin the workplace could, at times, be crucial to the business’s continued operation.For example, if a business is an employer covered by the Americans with DisabilitiesAct (“ADA”), it must abide by the confidentiality provisions of the ADA. 82Thus, if anemployee suffers permanent health problems from contracting a disease and thisaffects a major life activity of the employee, the employer may not release medicalinformation related to its employees or information that could reasonably identify theemployee.Similarly, medical information received in connection with a request for leave under theFamily and Medical Leave Act (“FMLA”) should also be kept confidential. 83FMLA leave81 Ten Things You Need to Know About Pandemic Influenza, WORLD HEALTH ORGANIZATION, (OCT. 14,2005) http://apps.who.int/csr/disease/influenza/pandemic10things/en/.82 See 42 U.S.C. § 12181 et seq.83 See 29 U.S.C. § 2601 et seq.; 29 C.F.R. 825.100 to .800.March 5, 2015 26 @ 3-5-2015 ALFA International6427256.3/SP/00009/0099/011215

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