Requests for Service Dogs Give Employers “Rough-Rough” Time

A trucking company refused to hire an applicant. The would-be driver requested to take his therapy dog on trips. The service dog alleviates this man’s PTSD symptoms. Now, the EEOC has sued on behalf of the rejected applicant.

There is virtually no caselaw relating to service dogs in the ADA (Americans with Disabilities Act) context—but lawyers believe that will change soon.

This post offers no magical advice—but, it passes along some basic info about how service dogs work in an employment setting.

As reported in Reuters Legal News, “Requests to bring an animal into the workplace fit into one of two categories. A worker may request a service animal to help them perform a certain task. A blind worker may need a Seeing Eye dog to guide him or her around the environment, for example. A worker can also ask for an emotional support or therapy animal that doesn’t serve a specific function, but rather provides comfort that helps with disorders such as depression, anxiety or post-traumatic stress disorder. Most service or therapy animals are dogs, but they don’t have to be.”

I’ll add some basic ADA advice.

1. Do not reject a request out-of-hand. Employers are required to engage in an interactive process when a request for an accommodation is made. Collect information. Keep an open mind.

2. Focus on this person’s particular needs and this person’s particular service dog. Getting general information about PTSD or blindness or service dogs is too superficial.
3. A key ADA question is whether the accommodation will help the employee perform one or more "essential job functions." Pursue that question.

4. Consider "undue hardship" to the employer. Even if an accommodation is reasonable, an employer does not need to grant it if there is "undue hardship." Are there embedded liability issues or not— for example, co-worker allergies to animal hair, tripping hazards related to a service animal, liability to the owner/employee if the dog is hurt at work? Are there sterility concerns in the workplace; and if so does a dog pose a contaminant concern? These are examples of undue hardship questions.

5. Consider a trial accommodation period that is reviewable.  

6. Avoid stereotyping. Perhaps you are inclined to accommodate and you assume that service dogs never bite and are gentle. How true is that?

Perhaps you assume differently—that people cheat by buying service dog blankets for nonservice dogs to get preferential treatment.

Don’t assume. 

Ask for specific proof of this dog’s training and certification.

Unleash your thinking.