Infectious diseases in the workplace: pointers for an ethical management policy

Infectious diseases in the workplace can present difficult dilemmas for employers, who must balance the rights of infected employees against obligations to protect other employees from infection. Anti-discrimination legislation imposes additional obligations on employers to ensure that any steps taken in response to the risk of infectious disease do not amount to unlawful discrimination against employees who may be disease carriers. This paper analyses the operation of anti-discrimination in this context and points to ways in which employers can formulate an infectious diseases policy that is both ethically and legally defensible.