Ebola and the
Workplace –
Employment Law
Issues
Presented by:
J. Hagood Tighe
Michael D. Carrouth
Phone: (803) 255-0000
Email: HTighe@laborlawyers.com
Mcarrouth@laborlawyers.com
www.laborlawyers.com
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OVERREACTION? (from the
Huffington Post)
• Teachers and students across the country have stayed home in
response to concerns over Ebola. In Maine, an elementary school
teacher was recently put on paid leave for up to three weeks after
parents complained that the teacher had traveled to Dallas, where
there have been a few Ebola cases. On Sunday, a similar
precaution was taken at a high school in Phenix, Alabama, after an
employee flew on the same plane as a person who contracted Ebola
-- even though the employee flew a day later, long after the aircraft
had been cleaned.
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Overreaction?
• Last week, kids were asked to stay home from school in Shaker
Heights and Solon, Ohio, over Ebola fears. A New Jersey
elementary school reported on Saturday that two students from
Rwanda -- a country not hit by Ebola -- would stay home for three
weeks after parents complained that they may spread the virus. In
Pennsylvania, a high school soccer team allegedly chanted
offensive "Ebola" taunts to a teenager from Guinea. (from the
Huffington Post)
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Protections for Potentially Exposed
Employees
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Americans with Disabilities Act (ADAAA)
FMLA
HIPAA
STD
State privacy laws
Title VII
– National Origin / Race discrimination claims
• EEOC Pandemic Guidance
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Protections for All Employees
• OSHA Regulations and Standards
• Communication with employees is key
– Check OSHA website for detailed information
• OSHA and state law whistleblower
protections
– Safety concern need not be “reasonable” in all
cases
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Ebola Concerns
• Employees returning from West Africa
– What should you do, if anything?
– What if just returning from other African
countries or Europe?
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Ebola Concerns
• Potential domestic exposure
– What if your employee reports they were on a
plane with the nurse from Dallas?
– What if your employee reports they were at
dinner with the fiancé of someone on the
plane with the nurse from Dallas?
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Ebola Concerns
• Potential domestic exposure
– What if the CDC comes and removes
employees from your workplace?
– What if your company has a mission/volunteer
trip to an unaffected part of Africa?
– What if an employee reports they are planning
to vacation in Africa?
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Ebola Concerns
• Assumptions about co-worker exposure
may not be founded in fact. What should
you do?
• Employees report that Mike has seems to
have a fever and other flu like symptoms
and you know he is related to people from
Liberia. Do you do anything?
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What to Do, and What Not to Do?
• Inquiries regarding travel plans?
• Inquiries regarding flu-related symptoms?
• Inquiries regarding susceptibility to Ebola?
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What to Do, and What Not to Do?
• Taking an employee’s temperature?
• Requiring employee to telework?
• “Quarantining” employees?
• Requiring “return-to-work” certificate
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Policy Considerations
• Review / revise and communicate about
relevant policies
– Telework policy
– Attendance / leave policies
– Vacation / PTO policies
– Travel policies (contingency plans)
– Patient confidentiality (unauthorized EMR
access; use of cell phones/cameras)
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Communications to Employees
• Facts about Ebola, based on information
from CDC/WHO/other health organizations
• Information about potential exposure
(without revealing confidential info)
• Steps taken to limit exposure, protect
employees and others
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Ebola in The Workplace- Solutions
• Review safety and health program
• Encourage employees to engage in
general hygiene and “social distancing”
• Recommended flu shots for all employees
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Employee Relations Impact
• Already, we have seen unions attempting
to leverage media coverage on Ebola to
organize employees
– Airline employees went on one-day strike
– Nurses union is actively discussing issues
with media
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Employee Relations Impact
• Legal Concern:
– National Labor Relations Act
– Protected work refusals
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Managing Concerns
Naturally, this issue will create concerns:
• What do you do if co-workers refuse to
come to work?
• What if they speak with the media about
your company’s lack of preparedness?
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Employee Relations Impact
• Be out in front of this issue
• Learn from the recent events
– Clear Plan – We care about you and our
patients and we are using all the best/current
information to be prepared
– Communicate
– Get input – Give people a voice/involvement
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Goals
• Number 1 goal is to protect health and
safety of employees, patients, and the
general public
• Reassure employees that the employer
takes these issues seriously
• Balanced with legal compliance and risk
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Questions?
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