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ARTICLE · 03 NOVEMBER 2014

FAQs On Discrimination And Harassment

Does requiring employees who travel to and from West African countries currently affected by Ebola to disclose their travel open the door for claims of national origin or race discrimination?

United StatesEmployment and HR

Q. Does requiring employees who travel to and from West African countries currently affected by Ebola (Liberia, Guinea, and Sierra Leone) to disclose their travel open the door for claims of national origin or race discrimination?

A. No. Monitoring employee travel to West African countries currently grappling with Ebola outbreaks does not raise substantial national origin/race discrimination concerns, assuming that all employees are treated similarly, regardless of race or national origin. Employers should focus on identifying increased risk of Ebola exposure to employees, and not on singling out any national or racial group (such as immigrants of affected African countries) for increased scrutiny. See also ADA "regarded as" discussion.

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