I inquired asking if being tested weekly (which is being treated differently than anyone else) is grounds for a discrimination case against the business I work for. My lawyer wrote back and confirmed.
Hello,
You are correct that there is a lot of science to back up your position. Ultimately you are saying that the weekly swab is not a reasonable accomodation and you want to re-negotiate.
An employee offered no accommodation or that regards certain accommodations as unreasonable, can make a proposal of a ‘reasonable’ accommodation to HR. The EEOC expects a dialog and the employer is required to review other options and also provide Measurable, Quantifiable proof why accommodations proposed by the employee are not feasible (would cause undue hardship to the employer). A mere verbal claim of undue hardship is not sufficient.
Accommodations are something that is meant to be discussed and agreed upon between employee and employer and the EEOC expects a negotiation until both sides agree on what is reasonable. Otherwise, according to the Civil Rights Act of 1964 Title VII, you are being discriminated against and have a legitimate legal claim against your employer
They're doing this at our organization. Testing on demand and wearing an n95 mask at all times.🤬 In essence, punishing those who received their religious exemptions when they don't force the jabbed to test weekly. It's all discrimination. I don't have to do this as I am a permanent remote worker.
So your hospital system made different rules for IP, field and remote? Sounds like we have similar jobs as I work remotely in CM. My company has not issued any directives yet and still has it under review. There's a few pretty high up in my dept that are very against it. I've wondered if it's possible to just leave the remote staff alone.