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Employers Confront Growing Ebola Concerns (PDF)
Buck
Nov. 1, 2014
"Under the ADA, an employer may request medical information or require a medical examination only if they're job-related and consistent with business necessity, or the employer has a reasonable belief that an employee will pose a direct threat because of a medical condition. According to the EEOC's pandemic guidance, an employer should look to the CDC or state/local public health authorities in assessing whether an illness is a direct threat.... Employers must carefully balance the employee's medical privacy protections under both the ADA and HIPAA against their duty to maintain a safe workplace for all employees. Sharing health-related information about an employee's medical condition should be cleared with HR and/or legal counsel."
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