Service Dog and ADA

BarbieW

I could use some help!  We have an employee with MS who recently started using a wheel chair. She can stand up for short periods but really uses the wheel chair to get around the office. We made a number of accommodations including putting automatic door openers on the doors she uses and giving her a remote control, making some changes in the rest rooms, adjusting her work station, etc. She doesn't seem to be having any difficulty performing the essential job functions.

Now, she has asked to bring her dog with her as it helps her emotionally. We really don't want a pet in the office but want to comply with the law. Can we ask about the dog's training as a service animal? Can we get medical certification of the need for the dog? Does she have to articulate why this is a reasonable accommodation that will help her perform essential job functions? I've only dealt with service animals when it was for a physical need, e.g, vision impaired, epilepsy.

TXHRGuy

You are only required to make reasonable accomodations so that the person can perform the essential functions of their job.  If, because of the emotional disturbances caused by a lack of her dog's presence, she is unable to perform the essential functions of her job, you will need to attempt an accomodation.  You may run into problems if other employees have severe dog allergies, and end up with a variety of accomodation requests coming in.

HRforME

This is one of those situations that I would run by an attorney.  There are just too many issues with it...i.e. does the MS disability cause the emotional disturbances? Does medication cause them? If not, is the emotional disturbance a disability unto itself?  Does it have to be accommodated? How does the employee cope differently when the dog is there etc?  How does this specific accommodation affect others? (do you know for sure that you have others allergic to dogs?)

 You might also look into the possible accommodation of working from home.  Do you allow employees to do so and does this position allow for it?

 

 

ninanewbie

There might be some helpful information for you here

http://www.equipforequality.org/resourcecenter/ada_serviceanimals.pdf

 

BarbieW

Thanks everyone. This is all helpful information. I found an interesting case on the issue and some guidance on the Job Accommodation Network, but the area of service animals for emotional support seems a little less clear cut then for other types of disabilities. I sure don't want to be the test case, but I can see the flood gates opening .....