As a result of the recent Ebola outbreak in West Africa, many U.S. employers have become concerned about how to address potential exposure to Ebola in the workplace. In this article, we outline some common situations that might arise and offer guidance and advice based on the operative legal framework. We first describe the background of the recent Ebola outbreak and explain health authorities’ pronouncements about how the disease is spread. Next, we examine the specific legal issues employers may face in industries with a higher risk of exposure, when employees travel to areas with widespread Ebola infections, or when employees take adverse action against coworkers based on national origin- or race-based stereotypes. We conclude by offering some practical advice.
Background
The recent Ebola outbreak originated in Guinea and spread to Sierra Leone and Liberia. This outbreak garnered significant media attention in the United States when information about a patient with Ebola traveling to the U.S. first surfaced. The Centers for Disease Control and Prevention (CDC) confirmed the Ebola diagnosis on Sept. 30, 2014.1 About two weeks later, two health care workers who cared for that patient contracted the disease themselves. Id. On Oct. 23, 2014, the CDC confirmed the diagnosis of a health care worker who contracted Ebola in Guinea, sparking additional media coverage. Id. In light of these developments, employers have become increasingly concerned about how they might react if their own employees become exposed to the virus.
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