Following state of emergency declarations by state and local governments around the country, the Biden Administration officially declared Monkeypox a national public health emergency on Aug. 4, 2022.

The declaration creates a myriad of challenges for U.S. employers, but a silver lining of the ongoing COVID-19 pandemic means that employers are already well-versed in how to handle public health emergencies.

Many of the policies and procedures put into place during the COVID-19 pandemic can also be used to respond to the Monkeypox public health emergency. This alert provides background on the Monkeypox virus, and how employers can be proactive to keep their workforce safe and avoid running afoul of employment laws.

Monkeypox Quick Facts

Per the U.S. Center for Disease Control and Prevention (CDC), Monkeypox is a virus within the same family as the virus that causes smallpox. It was first discovered in 1958, when a pox-like disease broke out in colonies of monkeys kept for research—hence the name Monkeypox.

The Monkeypox virus is spread through close, personal, often skin-to-skin contact. The virus can be spread through direct bodily contact, contact with objects/fabrics that have been used by someone with Monkeypox, and contact with respiratory secretions. The virus can also be passed on to a fetus if contracted during pregnancy. Fortunately, Monkeypox is typically milder than smallpox and is rarely fatal.

Common symptoms of Monkeypox include outbreak of a rash that looks like pimples or blisters that may be painful or itchy, fever, headache, muscle aches, swollen lymph nodes, chills, exhaustion and respiratory symptoms. Symptoms typically start within three weeks of exposure and generally last two to three weeks. The virus can be spread from the time symptoms start until the rash has healed. The CDC advises that people who have contracted Monkeypox should isolate at home until symptoms resolve. Although at-home test kits for Monkeypox are not currently available, testing is available through commercial and public laboratories.

Media reports have been highlighting the higher rates of Monkeypox transmission among gay and bisexual men which has given rise to stigma against members of the LGBTQ+ community. Given the origination of Monkeypox in West and Central African nations, racial and geographic stigma may also be in play. However, these stigmas are unwarranted given that Monkeypox can be transmitted to anyone regardless of gender, gender identity, sexual orientation, race, national origin or age.

Proactive Steps for Employers

Employers should continue to follow their current illness policies in place, which should generally include procedures for employees to call in sick or leave work to isolate if they have symptoms or a diagnosis of Monkeypox, use of sick time or other available Paid Time Off (PTO), and notification to other employees who may have been exposed. Now is a good time to review those policies to ensure procedures are clear and being followed consistently for all employees. Employers should also ensure that all employee health information is maintained as strictly confidential.

The EEOC has not yet issued any employment guidance on Monkeypox. Nonetheless, employers should continue to abide by the requirements of the Americans with Disabilities Act (ADA) and any other applicable state and local disabilities laws when it comes to accommodating employees who contract Monkeypox or who have other medical conditions that may place them at higher risk if they were to contract the virus. Employers should also be mindful of providing reasonable accommodations to pregnant employees, given the possibility of the virus being spread to fetuses.

Employers should also be cognizant of the potential for discrimination and harassment in the workplace related to Monkeypox based on race, national origin, gender, sexual orientation or disability status. Proactive employers should remind their workforce of anti-discrimination and anti-harassment policies and take steps to give employees accurate information regarding Monkeypox in an effort to reduce stigma surrounding the virus.

Employers should continue to monitor announcements from the CDC and local public health authorities for updates on Monkeypox, how to prevent the spread of the virus, and what to do if employees have symptoms.

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