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​Disability and national origin discrimination, family and medical leave, collective-bargaining agreements, and occupational health are legal issues for employers to consider when developing plans to address Ebola, according to three attorneys from Ballard Spahr presenting a November 4, 2014, webinar. In regard to the Americans with Disabilities Act (ADA), "employers' options really hinge on the direct threat analysis," said Meredith C. Swartz, JD, associate. In the absence of symptoms or a specific exposure incident, requiring employees to stay home from work solely because they have traveled to an affected country may violate ADA. Paying employees during such an exclusion would not affect whether ADA has been violated. If an employee develops symptoms, the employer may be able to conduct a medical examination and determine whether the employee poses a direct threat, which could allow the employer to exclude the employee from the workplace until he or she is recovered. Shannon D. Farmer, JD, partner, noted that employees who are quarantined by the state may seek leave under the Family and Medical Leave Act (FMLA), but in most situations, a quarantine order in and of itself would be unlikely to qualify the person for FMLA leave. Still, state laws and employer policies can be more generous, and employers may determine that the potential for legal action under other laws, negative publicity, and other fallout is not worth the risk of making employment decisions to the detriment of the employee. In addition, national original discrimination "may be a big trap for employers," said Kelly T. Kindig, JD, associate, especially because transmission is currently limited to a specific geographic area. "It can fuel prejudice in the workplace that might not have been apparent before." It can also manifest as workplace harassment or pressure to bow to customer preference to not be served by employees who are from (or are perceived to be from) an affected area. Employers also need to follow federal and state occupational health laws. However, collective-bargaining agreements could contain additional protections, and employee complaints about safety issues may constitute protected activity. "Many employers are worried about getting unreasonable requests or concerns about safety," said Kindig; employers need to balance the fear with reasonable judgment regarding the level of the threat. The attorneys suggested remaining abreast of guidance from public health and other authorities, having general infection control procedures, creating a plan to address employment and exposure issues, and educating employees.

Topics and Metadata

Topics

Employment Affairs; Emergency Preparedness; Infection Control; Occupational Health

Caresetting

Emergency Department; Hospital Inpatient; Skilled-nursing Facility

Clinical Specialty

 

Roles

Healthcare Executive; Risk Manager; Legal Affairs

Information Type

News

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Clinical Category

 

UMDNS

SourceBase Supplier

Product Catalog

MeSH

ICD 9/ICD 10

FDA SPN

SNOMED

HCPCS

Disease/Condition

 

Publication History

​Published November 12, 2014

Who Should Read This

​Administration, Human resources, Legal counsel