Several West African countries are currently grappling with an unprecedented outbreak of EVD. Here in the United States, where Ebola is not endemic, two undiagnosed EVD cases have been imported from the West African outbreak. The federal government has also taken measures to prevent further entry of persons who may have contracted Ebola virus. Actual and proposed measures to accomplish this include using quarantine or isolation orders under federal or state authority, imposing entry restrictions at the U.S. border, and limiting international air travel to the United States. Primary quarantine authority typically resides with state health departments and health officials; however, the federal government has jurisdiction over interstate and border quarantine. Although every state has the authority to pass and enforce quarantine laws as an exercise of its police powers, these laws vary widely by state. Legal Challenges to Quarantine

Constitutional rights to due process and equal protection may be implicated by the imposition of a quarantine or isolation order. Modern legal challenges to quarantine and isolation orders are not extensive, although a few cases can provide some basic insights about potential issues. Border Entry Issues 32

Federal law confers executive agencies with significant authority to restrict or regulate the entry into the United States of persons who are suspected of carrying Ebola virus or other communicable diseases. However, the stringency of the available restrictions depends upon whether the person is a foreign or U.S. national. Accordingly, aliens who have been determined to carry Ebola virus may be denied entry into the United States. The health-related grounds for exclusion do not apply to most lawful permanent resident aliens (sometimes described as immigrants) who briefly travel abroad. Indeed, U.S. citizens abroad may enjoy a constitutional right to reenter the country, in which case the government would be required, at a minimum, to overcome a heavier burden to justify a reentry restriction than would be required in situations where a person's constitutional rights were not implicated. During the current Ebola outbreak, the FAA has acknowledged its authority to restrict the use of U.S. airspace, but has cautioned that decisions made on a public health basis would involve other federal agencies. The DNB list enables domestic and international health officials to request that persons with communicable diseases who meet specific criteria and pose a serious threat to the public be restricted from boarding commercial aircraft departing from or arriving in the United States. Civil Rights

Governmental responses to infectious diseases, such as the current Ebola outbreak, may raise a classic civil rights issue: to what extent can an individual's liberty be curtailed to advance the common good? Federal Nondiscrimination Laws95

Discrimination against individuals with an infectious disease may be covered by Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), or the Air Carrier Access Act (ACAA). While quarantine and isolation could prove to be effective for minimizing Ebola exposure, they may also raise various employment concerns, particularly for those workers who fear losing their jobs or wages if they are forced to comply with a quarantine or isolation order. Infected workers may also be protected under the Family and Medical Leave Act if it can be established that they have a serious health condition. The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) guarantees an eligible employee 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
the birth of a son or daughter of the employee and to care for such son or daughter; the placement of a son or daughter with the employee for adoption or foster care; to care for a spouse or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent has a serious health condition; a serious health condition that makes the employee unable to perform the functions of the position of such employee; and any qualifying exigency arising out of the fact that the spouse or a son, daughter, or parent of the employee is on covered active duty in the Armed Forces or has been notified of an impending call or order to covered active duty in the Armed Forces. The Occupational Safety and Health Administration144

Employers whose employees could face workplace exposure to Ebola virus may be obligated to comply with applicable Occupational Safety and Health Administration (OSHA) requirements.
Several West African countries are currently grappling with an unprecedented outbreak of Ebola virus disease (EVD). Here in the United States, where Ebola is not endemic, a handful of EVD cases have been diagnosed, and domestic transmission of the virus has occurred in only two cases to date. This report provides a brief overview of selected legal issues regarding measures to prevent transmission of Ebola virus and the civil rights of individuals affected by the disease.
Quarantine and isolation are restrictions on a person's movement, imposed to prevent the spread of contagious disease. The federal government has jurisdiction over interstate and border quarantine, carried out by the Centers for Disease Control and Prevention (CDC). However, primary quarantine authority typically resides with state health departments and health officials. Every state has the authority to pass and enforce quarantine laws as an exercise of its police powers, but these laws may vary widely by state. State and federal quarantine or isolation orders may be subject to suits alleging inadequate due process or violations of equal protection, but modern legal challenges to quarantine and isolation orders are not extensive.
In addition to the quarantine and isolation of persons within the United States, some have proposed limiting the entry of persons traveling to the United States from countries experiencing high rates of EVD transmission. Federal agencies' authority to restrict or regulate the entry into the United States of persons who are suspected of carrying Ebola virus or other communicable diseases depends largely upon whether the person is a foreign or U.S. national. Aliens who have been determined to carry Ebola virus may be denied entry, but the health-related grounds for exclusion do not apply to most lawful permanent residents who briefly travel abroad. U.S. citizens abroad may enjoy a constitutional right to reenter the country, in which case the government would be required, at a minimum, to overcome a heavier burden to justify a reentry restriction.
Proposals to restrict air travel to and from affected countries—regardless of citizenship—have also been discussed. The Federal Aviation Administration (FAA) has acknowledged its authority to restrict the use of U.S. airspace, but has cautioned that decisions made on a public health basis would involve other federal agencies. Additionally, the Do Not Board (DNB) list provides a mechanism for U.S. and international health officials to request that specific persons be restricted from boarding commercial aircraft to the United States, on the basis that those persons present a public health risk. Independently, airlines may reserve the right to deny transportation to passengers who may pose a safety risk, but must act consistent with federal nondiscrimination laws.
The use of these measures to contain the spread of Ebola may raise a classic civil rights issue: to what extent can an individual's liberty be curtailed to advance the common good? In addition to the constitutional issues noted above, discrimination against individuals with an infectious disease may be covered by Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), or the Air Carrier Access Act (ACAA). While quarantine and isolation effectively minimize Ebola exposure, they may also raise various employment concerns, particularly for those workers who fear losing their jobs or wages if they are forced to comply with a quarantine or isolation order. Infected workers may also be protected under the Family and Medical Leave Act (FMLA) if it can be established that they have a serious health condition, and employers whose employees could face workplace exposure to Ebola virus may be obligated to comply with applicable Occupational Safety and Health Administration (OSHA) requirements.