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
Do you have it I writing that your employer is requiring a clergyman to certify your faith?!
If so you are all set, that is extremely illegal and you will win easily. Still file for an exemption because religious reasons are the highest level of protection under federal law. Check out coffee and Covid.com for advice of the religious exemption route, you do not need to practice any particular faith, the EEOC actually has a lot of good title 7 info too.
I have my religious exemption statement written out and I think it’s good. It’s says my faith is between me and God and my deepest belief is that free will is the primary thing that makes us human. Without free will we are organisms responding to stimuli, so to be forced to take and injection I do not freely choose is an assault on my humanity. I’m writing more also, that that is the gist of it. It is the US Navy that is requiring the clergy signature. The company is a contractor. I am the only human member of my “church” so I’d have to act as clergy and sign the statement. But, as you say, it is not legal for them to ask for that. The US Constitution does not say we need any authority to legitimize our religion.
You don't ask permission for a religious exemption, you declare it. It's clear under the Civil Rights Act that you can do this.