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O’Melveny’s Ackerman Quoted in Law360 on Employers’ Ebola Risk

October 16, 2014 O’Melveny & Myers counsel Sloane Ackerman was quoted in the October 16, 2014, Law360 article, “5 Risks Employers Face Dealing With Ebola.”  Ackerman told the publication that the Americans with Disabilities Act requires a direct threat to the health of an employee or others before an employer can make disability-related inquiries that aren't consistent with business necessity.  "[A]n employer is definitely allowed to ask what countries you've traveled in and is also allowed to ask about potential exposure to Ebola,” Ackerman said in the article, adding that if an employer does conclude that an employee’s contact poses a threat, that's when the business would have grounds to tell the worker to require medical clearance before returning to work.

Ackerman is a member of O’Melveny’s Labor and Employment Practice and resides in the Firm’s New York office.