It can get tricky when 1) having swine flu may itself count as a protected disability under laws like California’s; 2) innkeepers are required to report communicable disease to authorities; 3) they must nonetheless avoid infringing customers’ privacy; and 4) they can face liability for not taking steps to protect fellow guests and their own workers. And don’t even think of noticing that a new guest is arriving from Mexico…The relevant quote is from the hotel lawyers blog:
Q:Given all the publicity about the Swine Flu deaths in Mexico, should an innkeeper refuse guests Mexico?Another case of Civil Rights Law Doesn`t Care If You Die
The mere fact that there are many cases of Swine Flu in Mexico doesn`t mean that everyone traveling from Mexico has the disease. Therefore, no blanket exclusion should be applied. Among other things, it could be argued that such a policy constitutes discrimination based on national origin in violation of both federal and state law.