{
  "id": "R40866",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R40866",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 353119,
      "date": "2009-10-15",
      "retrieved": "2016-04-07T02:14:30.433356",
      "title": "The Americans with Disabilities Act (ADA): Employment Issues and the 2009 Influenza Pandemic",
      "summary": "On June 11, 2009, in response to the global spread of a new strain of influenza, the World Health Organization (WHO) raised the level of influenza pandemic alert to phase 6, which indicates the start of an actual pandemic. This change reflects the spread of the new influenza A(H1N1) virus, not its severity. Although currently the pandemic is of moderate severity with the majority of patients experiencing mild symptoms and making a rapid and full recovery, this experience could change.\nThe Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and protects applicants and employees from discrimination based on disability. The application of the ADA\u2019s nondiscrimination mandates during an influenza pandemic is uncharted territory since the most recent previous influenza pandemic was in 1969, before the 1990 enactment of the ADA. Currently, an individual infected with the H1N1 virus would most likely not be considered an individual with a disability; however, if the H1N1 virus were to mutate to cause more severe illness, such an infection may be considered a disability. The ADA prohibits employers from making certain disability-related inquiries and, currently, this prohibition might be interpreted to apply to inquiries about whether an employee would be in a high-risk group for pandemic influenza. The ADA also requires that employers provide reasonable accommodation for individuals with disabilities, and during a pandemic these accommodations would continue to be applicable unless they constitute an undue hardship.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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}