Ebola, Meet The ADA: Advice For Employers On Handling The Outbreak

Forbes ^ | October 16, 2014 | Daniel Fisher, A. Kevin Troutman and Matthew Korn

[2ndDivisionVet]

How should employers respond when they learn that an employee is planning a trip to West Africa to visit family? What if other employees refuse to come to work because they fear that the returning employee may have been exposed to Ebola Virus Disease? How can employers prepare in advance for such situations?

Based on extensive news media coverage of the spread of Ebola in West Africa, and the recent transmission of the virus in the United States, many employers are scrambling to answer these questions. The right response depends on several factors and there is no one-size-fits-all solution. However, employers can get out in front of these issues and reduce potential liability by taking some proactive steps:

• Communicating with Employees and Customers. Even if the domestic spread of Ebola is contained, many employers will still face questions from employees and customers about how the company is handling this situation. To help reassure workers, companies should prepare managers to: (1) give employees and customers pertinent information from the CDC and other health organizations; (2) explain steps the company is taking to protect its employees, customers, and the general public; and (3) reaffirm that the company takes health and safety very seriously and will take appropriate, lawful action to protect them. Companies should also consider appointing a manager to develop a protocol for handling employee complaints and concerns.

• Asking Employees About Travel Plans. If an employee travels to West Africa, or is otherwise potentially exposed to Ebola, employers can and should ask certain questions. For example, they may inquire about the employee’s travel plans, whether he had contact with anyone who was exposed to Ebola, and whether the employee is experiencing any flu-like symptoms....

[Minsc]

> How should employers respond when they learn that an employee is planning a trip to West Africa to visit family?

Shoot the idiot.

[Chgogal]

For people going to Ebola affected countries - upon return, the employee has an additional 21 day vacation at no pay for the days that are business days. Business days defined by employer.

[DoughtyOne]

We'll get you set up on Ebola.  We'll let you know exactly what we require you to do.  There will be phone numbers, forms, a number of helpful resources... (2014)

We'll get you set up regarding compliance on the subject of Illegal immigration.  The computer SS check system will be up and running shortly  (2000).


Ramirez's latest political cartoon LARGE VERSION 10/16/2014: LINK  LINK to regular sized version of Ramirez's latest, and an archive of his political cartoons.
In this political cartoon, Ramirez presents, "Erdogan and Obama"

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...this is a general all purpose message, and should not be seen as targeting any individual I am responding to...

[Pollster1]

"The ADA not only prohibits employers from discriminating against employees who are disabled (being infected with Ebola would likely be considered a disability), it also prohibits discrimination against an employee “regarded” as disabled. So for most employers, this is currently not the best option."

That's easy. First day back from West Africa, you fire the employee for poor performance. Whether that is lateness, gossiping instead of working, or something else, you give a warning in the morning and catch the employee again not working productively in the afternoon. There is a 100% chance that someone just back from those three countries will have nonproductive time on the first day, even after a warning. Then you fire him for cause.

I am more than tired of the government getting into the employer-employee relationship, and I can completely understand finding ways around unjust laws. A whole lot of what FedGov does has no legitimacy, and we have no moral obligation to comply, just to make sure we cannot be caught.

1. Fire the person for other reasons, always job-related (the same when you choose not to hire someone - NEVER give a reason, not even in a private conversation with a third party).

2. Never disclose to anyone, not even your lawyer, your business partner, or your spouse, why someone was fired . . . if the real reason is anything other than performance.

3. Solve the problem quickly if it can affect the bottom line (and spreading a deadly disease to your customers or employees certainly qualifies).

[bgill]

1) Recheck his citizenship and right to work here
2) Fire him for whatever reason will satisfy a court

There is no reason for anyone going into the hot zone unless they are there to provide medical support.

[palmer]

Unlike Soviet Russia where disappearance was a known fact, there are relatives and friends in our society who would report the disappearance. They all be bought off or brought to concentration camps.

[tbw2]

Many of these bad laws came about due to the coddling of AIDS victims. For example, the right to be anonymous while carrying a deadly disease, while the feds ask you but don’t require you to tell a partner or dentist or caregiver.
The other cause of the insanity on medical privacy is due to abortion. Like the privacy laws so your spouse or parents cannot find out you had an abortion or STD, though they may have to pay the bill for “medical services”.

[Nebr FAL owner]

While I can sympathize with the sentiment the cops would tend to frown on that option.