Oklahoma City, OK asked in Employment Law for Oklahoma

Q: How do I properly resign if I'm too old to do the work re: Covid-19 safety. I'm a respiratory therapist in Oklahoma.

I was ordered to only work Covid-19 areas, and not allowed to go to "clean" areas. I have hypertension, which is has a 69% mortality rate for persons who contract the disease, Covid-19. I explained the mechanism of action to my superior: the virus SARSCoV-2 targets ACE2 enzymes that sit on cells located on the arteries, heart, lungs, brain, kidneys, and intestines. Once the virus targets/hits the ACE2 enzyme, and is able to take over, it will become the disease that we call Covid-19. I'm scared for my life due to my own risk factor.

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1 Lawyer Answer

A: You may have a claim for failure to accommodate under the Americans with Disabilities Act due to your hypertension. But, this will depend on what your typical job duties are. Do other people who perform your job work with both COVID-19 patients and in "clean" areas? If so, you should request an accommodation from your employer that would allow you to work in "clean" areas only. However, your employer need only grant accommodations that are reasonable, so if treating COVID-19 patients is an essential function of your job, the accommodation request need not be honored. If that is the case, and you don't feel comfortable continuing to work in your position, you should submit a written resignation explaining that you are resigning your employment due to your health condition (hypertension) and your concerns about being at high risk for COVID-19.

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