The question then becomes: What should an employer do in response to a report by an employee that he or she has been in an affected country?
The current Ebola outbreak began in the Democratic Republic of Congo (DRC). However, it has spread to Uganda, and there is a material risk that it will spread to Southern Sudan. The outbreak may spread further, at least in Africa.
Unlike COVID, which may be spread through air, Ebola is spread generally only through direct contact with the blood or other body fluids of a person who is sick with or has died from Ebola. Consequently, the risk of a pandemic comparable to COVID would appear very low.
Travel
At the same time, employers are advised not to ignore the Ebola outbreak entirely. The outbreak is relevant to travel by employees.
Monitor Government Advisories
By way of background, the U.S. Department of State and the Centers for Disease Control and Prevention (CDC) each issues advisories relative to travel outside of the United States for myriad reasons. With regard to Ebola, the advisories of the Department of State and the CDC are not entirely aligned relative to travel to DRC, Uganda and Southern Sudan (because the Department of State, unlike the CDC, considers factors other than health). Against this background, it is generally recommended that employee travel to these countries be avoided until the Department of State and/or CDC guidance is revised. In this regard, employers should monitor the Department of State and CDC guidance periodically to determine if the list of affected countries subject to Ebola-related advisories expands or contracts.
Employee Policies
Employers may wish to address personal travel to affected countries. At the current time, employers probably should not prohibit personal travel to these countries. However, employers may wish to require that employees report to them before returning to the workplace if they have travelled to an affected country.
The question then becomes: What should an employer do in response to a report by an employee that he or she has been in an affected country? The short answer is that the employer should rely on guidance from public health authorities (such as the CDC) in effect at the time of the employee’s return. The public health authorities currently draw a distinction between U.S. citizens and non-U.S. citizens in terms of entering the U.S. from an affected country. On the other hand, the risk of transmission is not related to whether an individual is a U.S. citizen, a factor employers may wish to consider when balancing legal and business considerations.
Infection Control
Unrelated to travel, employers whose employees come into contact with blood or other body fluids of a live or dead person may wish to remind their employees of the universal precautions that already apply when there is potential exposure to blood or other body fluids. For some employers, such as healthcare providers, it means complying with, among other authorities, OSHA’s Bloodborne Pathogens Standard. For all employers, it means having a protocol in place, known to all employees, for how to respond to a blood spill caused by an accident.
For more information on Ebola, visit the CDC’s website. To the extent there is anxiety in your workplace, you may wish to share this link with your employees. To the extent such anxiety results in harassment or avoidance of employees because they are or are perceived as African, corrective action must be taken.
This Alert is not intended to cover all issues potentially implicated by Ebola but rather only some of the more salient issues at the current time.
For More Information
If you have any questions about this Alert, please contact Jonathan A. Segal, any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.