ART - Quarantine and Isolation: Selected Legal Issue Relating to Employment 2008

The document discusses the application of the Americans with Disabilities Act (ADA) to employment issues during an influenza pandemic. It explains that individuals who are quarantined due to the pandemic may be considered as having a substantially limiting impairment, which could potentially make them eligible for ADA protection. However, it is unlikely that the ADA would provide protection to individuals who are denied salary or terminated from employment due to an influenza pandemic. This is because it is difficult to meet the definition of an individual with a disability under the ADA. The document also mentions that similar conclusions were reached regarding the inapplicability of the ADA during the Severe Acute Respiratory Syndrome (SARS) outbreak. Overall, the complexity of applying the ADA's nondiscrimination mandates to employment issues during a pandemic is highlighted.