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Employers and Ebola
While relatively few U.S. or global businesses are directly affected by the outbreak of Ebola in West Africa, or by the handful of cases in the U.S., organizations of all sizes are well-advised to do some contingency planning should the disease spread to other regions of the globe, including in the U.S. While examining appropriate control strategies to be followed in the workplace, U.S. employers must also take into account legal limitations in employment laws regarding employee privacy and attendant matters that may prohibit certain inquiries, medical exams and other employer actions. They should also make sure that they remain abreast of workers' compensation law in the states in which they operate.
With respect to workplace precautions, common questions include whether an employer may: 1) Request health information from an employee who has traveled to West Africa and may be infected or exposed; 2) Take the temperature of an employee; 3) Require an employee to stay home from work; and 4) Require an employee to provide a doctor's note certifying fitness to return to work.
As a general proposition, other than permissible preemployment physical exams, the federal Americans with Disabilities Act (ADA) prohibits an employer from making disability-related inquiries or requiring employees to undergo medical examinations once they have been hired. A significant exception to this prohibition on employers exists where there is a “direct threat” of an employee posing “a significant risk of substantial harm to the health and safety” of the individual or others, which cannot be eliminated or reduced by reasonable accommodation.
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