The Ebola virus disease (“Ebola”) has become a worldwide threat, which, among many other effects, has forced employers to think about how to protect their employees. Employers also must consider how Ebola might impact employment policies and procedures, including, but not limited to, those addressing attendance, leaves of absence, discipline, and medical testing.

Employers are generally tasked with maintaining safe and productive workplaces for their employees, and the Ebola scare has brought many challenges in this regard. In particular, employers’ desire to maintain safe workplaces for their employees potentially may be at odds with the legal rights of those same employees to be free from employment discrimination. Employers that wish to maintain a safe workplace at all costs should be aware of the precise legal risks that they may face and the ramifications of their actions.

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