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ARTICLE · 09 OCTOBER 2014

Labor Pains: Ebola At Work

Venable LLP
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One of your employees (we'll call him "Don") visits relatives in a West African country that is a "hotspot" for the deadly Ebola outbreak.

United StatesEmployment and HR
Todd Horn
Todd Horn

One of your employees (we'll call him "Don") visits relatives in a West African country that is a "hotspot" for the deadly Ebola outbreak. When Don returns to work, you are concerned that he unknowingly may have been exposed to the Ebola virus and could infect co-workers and customers. As a result, you want to ban Don from your premises for the next 21 days, which is considered the maximum incubation period for the Ebola virus. Does that create the risk that Don will sue you under the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against individuals with disabilities? On the other hand, if you permit Don to return to work, do you risk lawsuits from co-workers, customers, or others with whom he comes in contact?

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