So you can't say the CDC argues that the mask works.
CDC says masks work as risk reduction, CDC says vax is risk reduction, CDC says distancing is risk reduction, and won't ever say prevention for any of them. A reasonble accomodation is mask or distancing if not vaxxed. Right now, good luck getting CDC to say masks don't work, they still want vaxxed to wear masks
A reasonble accomodation is mask or distancing if not vaxxed.
Exactly my point. A business can easily argue that reducing the capacity of their facilities to accommodate employees who choose not to be vaccinated is not a reasonable accommodation. If I can have 20 vaccinated people working in a building and only 10 unvaccinated, there's no court in the US that's going to rule that as a reasonable accommodation.
Don't mistake my argument as supporting employers. I'm just telling you how it works.
That's got to be tried in a court. For hiring you might argue that, and those that say they'll wear a mask have a good alternative 'risk reduction' argument for being hired also given that vaxxed are still getting the China virus . Once the CDC says "masks don't work", then your scenario can apply as a requirement for new hires since there'd not be an alternative . For those that are already employed ADA protects them with reasonable accommodation.
My hope is that by September/October there will be a lot more info on vax not working, failing booster shot propaganda, and evidence of states that don't wear masks having no effect on numbers of illnesses
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