The Americans with Disabilities Act (ADA) prohibits employment
discrimination against individuals with disabilities, and employers
could be exposed to claims of disability discrimination if they
require employees to take leave because of a perceived risk of
having contracted Ebola, i.e., limited contact with infected
individuals, or travel to West Africa. Under the ADA, an employee
can allege discrimination under a theory of having been
"regarded as" disabled, even if he or she doesn't
actually have a disability.
Requiring "high-risk" employees (i.e., employees who
have traveled to West Africa or had limited contact with infected
individuals) to undergo medical examinations or periodically
monitor their body temperature may also subject an employer to
claims of disability discrimination. Federal guidance considers
measuring employees' body temperatures as a "medical
examination."
