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The U.S. Department of Health and Human Services declared a public health emergency for H1N1 flu, also known as the swine flu, on April 26, 2009. Since then, many organizations and agencies have issued recommendations about preventing the spread of the illness and what to do in the event of a localized outbreak. Cases of H1N1 are now widespread. Employers, businesses, schools, hospitals and congregate care facilities are establishing their own procedures on how to prevent an H1N1 outbreak in their environments, and how to respond if an outbreak happens.
The U.S. Department of Health and Human Services states that having a disability alone may not place someone at higher risk for complications from the H1N1 virus, but other factors may put a person with disabilities at higher risk, such as people who have difficulty breathing, weakened immune systems, chronic conditions and more. Read more on the Flu.gov Web site: Disabilities and the Flu
According to guidelines from the U.S. Department of Education, students with disabilities may receive compensatory education to help them regain skills that might be lost if a school closes due to an outbreak of swine flu (H1N1). The guidelines state that if a closing would occur, most students would not receive the special education and related services that are documented in their Individualized Education Program (IEP). Once children return to school, each special education student must be evaluated to determine if skills were lost and if compensatory education services are necessary. Read more: U.S. Department of Education - H1N1 Flu Information
In order to prevent and respond to the H1N1 flu, some precautions and restrictions may be necessary. However, it is important that people with disabilities are not unnecessarily restricted or segregated if prevention or response plans are discriminatory or otherwise harmful.
As with any public health emergency, people with disabilities may face discrimination, or problems with accessibility, reasonable accommodations or unnecessary quarantines. Based on their disability, people may be denied access to daycare, schools, jobs and places in the community. In a serious public health emergency, people may be told to "shelter in place," meaning everyone will be expected to stay at home for some period of time. If this happens, people with disabilities may have problems getting medications and health care, or finding transportation in a personal emergency.
The U.S. Equal Employment Opportunity Commission (EEOC) provides information about Titles I and V of the Americans with Disabilities Act (ADA) and pandemic planning in the workplace: Pandemic Preparedness in the Workplace and the Americans with Disabilities Act
If you experience discrimination or other violation of your rights based on your disability, you can contact the OLRS Intake Unit. Intake hours are weekdays (except holidays) from 9:00 a.m. to 4:00 p.m.
Ohio Legal Rights Service
50 West Broad Street, Suite 1400
Columbus, Ohio 43215-5923
Phone: 614-466-7264 or 1-800-282-9181 (toll-free in Ohio only)
TTY: 614-728-2553 or 1-800-858-3542
It is important for everyone to make a Personal Emergency Plan before an emergency or disaster happens. It is equally important to update your plan and practice what you will do in an emergency. Some people with disabilities have needs that should be part of a Personal Emergency Plan, for example, if electricity is off and adaptive equipment will not work, if reasonable accommodations are needed, or if the needs of a service animal must also be part of a plan. Read about Emergency Planning for People with Disabilities and how to develop a plan.
Article posted October 2, 2009; Updated November 16, 2009