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CRS Report for Congress Quarantine and Isolation: Selected Legal Issues Relating to Employment
Date: February 28, 2007
Author: Nancy Lee Jones and Jon. O. Shimabukuro
Institution: Congressional Research Service
Bibliographic Entry: Jones, Nancy Lee and Jon O. Shimabukuro (2007). “Quarantine and Isolation: Selected Legal Issues Relating to Employment.” Congressional Research Service: Washington D.C. (Accessed on June 21, 2007 at http://www.fas.org/sgp/crs/misc/RL33609.pdf).
Electronic Link: http://www.fas.org/sgp/crs/misc/RL33609.pdf
Key Words: quarantine, Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), influenza, pandemic, employment-at-will doctrine, Center for Disease Control and Prevention (CDC), Homeland Security Council’s Pandemic Influenza Implementation Plan
Summary of Key Points, Issues, Conclusions:
The potential for a human influenza pandemic has brought about discussion of issues relating to employment in the event of quarantine and isolation. This report by the Congressional Research Service examines these questions concerning employment and how the Family and Medical Leave Act (FMLA) and the Americans and Disabilities Act (ADA) could be applied in the case of a pandemic. Additionally, the report examines the employment-at-will doctrine and to what degree the employer can exercise this doctrine. From this policy, a claim for wrongful discharge could arise and found to be valid if an employee was dismissed from a job but was engaging in an activity that was beneficial to the public welfare. The report expands this discussion by offering information about lawful claims and specific cases, as well as applicable detail concerning quarantine and isolation in the policies of the FMLA and the ADA.
Name of Researcher: Tara Stockberger
Institution: Integrative Center for Homeland Security, Texas A&M University
Date: June 21, 2007