Help with my discrimination claim?
My school requires me to take weekly covid tests because I'm unvaccinated. That's not an accommodation. It's discrimination.
I am looking for a lawyer who would be interested in helping me sue my school district. Below is the transcript of my EEOC complaint against the district. The EEOC will not pursue this case, but issued a “right to sue.” I have about 85 days left to file suit. Can a lawyer please look at my EEOC complaint below and see if I have a case? Here’s the complaint:
I was hired as a full-time teacher by Respondent on or about September 2020. I performed the duties of my position of Middle School Teacher in a satisfactory manner. On or about September 2, 2021, I informed Respondent that I would apply for a religious accommodation from the COVID-19 vaccine mandate. On September 4, 2021, Respondent approved my request for accommodation. However, Respondent’s
accommodation required me to take a PCR test every Monday morning and send them the results by Thursday each week. I told Respondent that this accommodation was unfair because it did nothing to help protect me from Covid and, therefore, did not constitute an accommodation but rather disparate treatment. I informed Respondent I would comply only under duress. On or about January 30, 2022, I requested to be allowed to follow the Covid19 Critical Care Alliance (FLCCC) protocol in lieu of having to test. My request was ignored.
On August 24, 2022, Respondent informed me that I would still be required to take a rapid antigen test every week during the 2022-23 school year. In August 2022 the CDC changed its guidelines regarding the unvaccinated and the vaccinated, stating in effect that the two groups should be treated equally. It is irrational and discriminatory to require me to test when vaccinated teachers can get and spread COVID as well. The purpose of an accommodation is to help an employee who lacks a certain parity with colleagues to perform at the same level as those colleagues. Because the vaccines were presumed to offer protection from Covid, an appropriate accommodation would be to allow me to take treatments that are also presumed to provide protection from Covid.
Testing in no way offers me protection from getting Covid and is therefore not a reasonable accommodation. In fact, since vaccinated teachers and unvaccinated
students are not required to test (both groups can get and spread covid) the requirement to test is discriminatory. In February 2022, I got Covid and
recovered quickly thanks to the fact that I was already following the FLCCC protocol. I now have natural immunity, which has been shown to be vastly superior to vaccine-induced immunity. Therefore, requiring me to test is unreasonable and discriminatory and is in violation of (among others) the ADA as there is no business necessity for the requirement.
This is religious discrimination because the accommodation was granted based on religion. I believe I have been discriminated against because of my religion, Catholic, in violation of Title VII of the Civil Rights Act of 1964, as amended.
Please let me know if you think I have a case. Thanks.