My point is, the minimum wage workers at many of these businesses could not care less whether you are following mask rules or not.
So, you now cannot say "always" in that statement, because I deal with customers daily.
See: https://www.workplacefairness.org/medical-privacy-workplace#...
Also, just as a personal aside...I will gladly join massive, maskless protests to underscore that I will never accept medical testing as a condition of engaging in society. This is a completely unacceptable violation of civil liberties.
But that section explicitly states, "... unless they are related to your job and necessary for the conduct of your employer's business.
I think there's a pretty strong case that the health and safety of fellow employees and/or customers during a pandemic qualifies.
This would no more violate the ADA than random drug testing (legal) or requiring temperature checks, which some employers are already doing to protect against COVID-19.
Also, the ADA is not a constitutional amendment, so even if there is a potential conflict with ADA, Congress could easily address that in a new bill without needing to pass a new constitutional amendment.
The Supreme Court has repeatedly held that the government has a pretty wide reaching authority when it comes to fighting disease. If the federal government can quarantine entire towns and force vaccines, they can similarly force you to be tested.
They can't quarantine towns from the federal level. Not in the least. A state might be able to, because the 10th amendment is a thing, but Federal government cannot. And neither state nor federal government can force vaccines because it violates the 4th amendment. You don't get to search my body for diseases and use them to discriminate against me. Sorry. Furthermore, Roe v. Wade was argued on the basis of a right to privacy that's implicit. So no, I'm right on this.
I mean, you’re entitled to your opinion, but at least some people disagree.
Edit: and, your claim that there is no such precedent is a flat out lie.
I am so embarrassed on your behalf.
Of all the hills to die on, "not wearing a safety mask" [0] is one of the more batshit crazy, but in a nation where the people have decided that "schoolchildren being slaughtered in their classrooms" is an acceptable price to pay for free and easy firearms, I guess it's not surprising that "people dying horribly, gasping for breath as their lungs fail" is an acceptable price for not wearing a safety mask.
[0] This poster's particular hill isn't the mask, but it is for some, and if I'm doing "batshit crazy", there it is.
There hasn't been a single death in California from Coronavirus for any child, period. In the US, there've been about 20 deaths, nationwide, of children from COVID.
Ever heard of big tobacco? I got lots of relatives that died like that after enjoying cigarettes all their life. It is not surprising.
But, when you consider that the second amendment is an inalienable right, one has to wonder how to separate children from their guns.
"Parents, please don't send your child to school with their gun."