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
I actually worked with the stuff. I'm trying to tell you how it is used (in industry). It cannot persist if things are "dunked" in it. It evaporates. It doesn't have anything to do with the doctors; it has to do with the physics and chemistry and techniques of using it for a sterilant.
Can ETO "cause problems"? Duh. It is a STERILANT. By definition, it kills living cells. No one wants any of it to remain in a sterilized product, and it will not remain. Do you think water will remain in anything if the ambient temperature is 20 degrees above its boiling point? Same thing with ETO. There are other things worth worrying about. (You know the artificial lenses that are used for lens replacement surgery? Sterilized by ETO. A half century of no problems with the surgery.)
Hope you’re right👍