I am currently working as Network and desk top support in my office inside the college 5 years and 7 months. My boss

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Customer: I am currently working as Network and desk top support in my office inside the college 5 years and 7 months. My boss verbally told me in private that now i have to work from home because i will not submit to medical testing (and he is not a dr. to tell me that) Before this conversation I legally gave my bosses (1)Notice of liability Covid-19 testing (2)vaccine Notice of liability Employers (Health Care, Federal, Private, Public)Union Executives, Business Association, And the like. The work place is not considered and hazard work place. I have the right to participated in the school. I dont not want to be discriminated against and i want to go to work in my office at the college. Does my employer have the right to make me work from home because I will not get a covid-19 test (Spit test or up the nose test)? My main responsibilities are Respond to request for technical support In Person as per the job posting 2016 on Indeed from which I was hired. I still have the original posting.(which we can assume as contract upon hiring since I have no additional work contracts).
JA: Was there discrimination based on age, race, religion, gender, or disability?
Customer: Yes I am being singled out and discriminated against. By making me work from home because I will not get a covid-19 test.
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Private with 130 employees
JA: Where are you located? Discrimination laws vary by state.
Customer: British Columbia Canada
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Please have the lawyer read all my message carefully because I have included lots of information
Answered by Debra in 26 mins 12 months ago
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Debra
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Debra
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10+ years of experience
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Debra
10+ years of experience
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166246 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Hello
Customer
thank you
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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Customer
can you please type your answer so i have a written history of our conversation thank you
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

What is the reason you are won't get covide tested?

Customer
1) my employer is not a Medical dr. and this is considered a medical procedure by law he can not ask me this.
Customer
i will not voluntarily submit to the test or give voluntarily medical information
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Debra, Expert

I don't know where you got your idea about the law but you are not understanding it at all. Of course the employer can ask. In fact they must.

Here is the law:

If you have a medical exemption or religious exemption your right is to receive reasonable accommodations if providing this accommodation will not cause the employer to undergo undue hardship.

So if you can prove you have one of these grounds then the employer must allow you to work remotely unless doing so would cause them to undergo undue hardship.

If you don't have grounds then your right is to find another job where the law and your employer will allow you to work without being vaccinated or tested.

Does that clarify the law?

Customer
I understand that thank you. There is no law for segregation between non vaccinated or vaccinated
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Debra, Expert

I don't know what you mean.

You are welcome.

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
no law says the employer has the right to make me undergo a "medical procedure" and covid 19 test is concidered a medical procedure
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Debra, Expert

You are right. No one can make you undergo a medical procedure.

But no one is trying to do so.

It is just that for now, until the pandemic is over, you won't be able to participate fully in all aspects of society.

But it is definitely your choice about tests and vaccinations.

Customer
I was not happy with the lawyer was no help at all. We had the hire a lawyer. To get real answers. She did not understand my question. The lawyer I finally got got me a settlement of 85,000 dollars
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Debra, Expert

That is so puzzling but you must be thrilled.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
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