The Ebola crisis is hitting closer to home, and employers in the United States are becoming more concerned as they face potential legal issues stemming from the virus. But there’s no need to panic. There are answers to many of the questions employers are asking.
Question 1: What can I ask my employees?
The Americans with Disabilities Act (ADA) prohibits an employer from making a disability-related inquiry or requiring a medical exam of an employee—unless the request is job-related and consistent with business necessity, or if the employee will pose a direct threat due to a medical condition. A disability-related inquiry is one that is likely to elicit information about a disability, such as questions about medications, medical documentation or impairments. While it is not clear exactly how the ADA will apply if there were to be an Ebola pandemic, practitioners are relying heavily on pandemic preparedness guidance issued by the U.S. Equal Employment Opportunity Commission in 2009 in the wake of the H1N1 flu pandemic.
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