Avian Flu: Are You Ready?

While the likelihood of an avian flu pandemic is difficult to predict, an increasing number of businesses are devoting some effort to planning for a pandemic. According to a survey published by Watson Wyatt Worldwide in March 2006, fifteen percent of U.S.-based businesses have plans in place for operations during a pandemic, and that percentage likely will increase. An important element of pandemic preparation includes anticipating employment issues that may arise during a pandemic, and how to address them.

This Commentary (1) provides a brief overview of the growing literature on pandemic preparation, (2) discusses whether there is a legal duty under employment law to prepare for pandemics, (3) summarizes the literature regarding common preparation steps that businesses are considering, and (4) addresses employment law issues that may arise from these preparation steps.