Dive Brief:

• The Zika virus is generating headlines right now, and some employers are offering employees alternatives when it comes to traveling to affected countries for business reasons.
• But according to a Reuters report, if employees of U.S. employers seek to avoid exposure to the virus, they will have little luck in the courts if they refuse travel to affected areas or turn to litigation should they suffer from the virus' symptoms.
• On the other hand, pregnant employees (or those planning to become pregnant) who deliver Zika-infected babies would have a stronger case, though it would be small consolation.

Dive Insight

After being discovered in Brazil in 2015, the virus has spread to 33 countries, mostly in the Americas. Health authorities are advising pregnant women to consider postponing travel due to potential serious birth defects caused by the virus. According to legal experts, following U.S. Department of State or the World Health Organization guidelines would most likely protect employers from claims they "acted recklessly" by sending employees into Zika-affected areas.

Those advisories also mean if someone refused to travel to an affected area and lost their job as a result, they would not have legal protection, though the resulting negative media exposure to an employer taking that type of stand likely would not be a good thing. In any case, HR may want to work with business leaders to create an alternative for potentially affected workers.