On April 10, 2020, because of an existing medical condition (asthma), an employee sought and received a workplace accommodation under the American with Disabilities Act (ADA) to work in areas where patients were not covid-19 positive. On October 9th, the employee was informed by their supervisor the
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hospital will try but cannot guarantee ADA accommodation going forward. Moreover, on October 21st the employee was informed that he would be required to use personal protective equipment, wear an N95 respirator, and would have to submit to a respirator fit test before or at the beginning of his next work shift. The employee has yet to be medically evaluated as to his ability to wear a respirator, and his medical provider has indicated in writing that he cannot do so. Under threat of a false accusation that could jeopardize the loss of his nursing license (i.e., patient abandonment), the employee is forced to work in an environment that could result in death or serious physical harm.
Source: Osha.gov | Receipt Date: 2020-10-22
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