This isn't a matter of law and no one is making that argument. This is an employer potentially taking disciplinary action which has nothing to do with legality.
I don't care how many studies are done on food safe plastics I still don't like the idea of using them on my kitchen. That's not to say I avoid them 100% but I do what I can to avoid them within reason. Like I feel after the whole BPA scare and banning them from use in food applications is a temporary thing and that it's a matter of time until we find a problem with the new BPA-free liners.
He is not a smart man. He maintains a facade of supreme intelligence, somehow, and continually tricks people into believing it. If anything, it's more a reflection on the American people than anything else, and that's incredibly disappointing to type out.
This isn't a matter of law and no one is making that argument. This is an employer potentially taking disciplinary action which has nothing to do with legality.