It is unconstitutional. I understand it is awkward for the employer but it is discriminatory. I think employers should provide sanitary items and accidents happen. What if this had been an aging worker with two incontinence accidents, or a sick worker with food poisoning who threw up twice, or a worker who was a hemophiliac who got two paper cuts, or a person with Tourettes who cursed involuntarily twice. It is unappealing to have an accident in the workplace, yes, but I am positive no employee does it deliberately.