Q: Can an employer fire you for not wearing a mask? (Covid) Even if you have a letter from your doctor?
My wife has asthma and is having difficulties with the masks. Her boss told her he didn't care if she had a note from the doctor, if he caught her without her mask she would be fired. Is this legal?
A: If your wife's employer has 15 or more employees, then her asthma may qualify as a disability under the Americans with Disabilities Act. Under the ADA, employees with disabilities are entitled to request reasonable accommodations for their disabilities to enable them to continue performing work. For example, your wife could request to wear a face shield instead of a mask, she could request physical barriers be placed around her workspace, and/or she could request to be moved to a more remote area to work in lieu of wearing a mask if her asthma prevents her from doing this.
J. Heath Dillon agrees with this answer
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