"My Pet is a Service Animal"
Caroliso
352 Posts
We have a "no pets" policy in our workplace. A staff member has been bringing in her dog on and off for a while. When I spoke to her about it she told me that it was because she didn't want to leave it at home. She had a kid in school who came home to the dog daily, and that kid is now in college.
Dogloving Employee is a very smart and resourceful woman. She knows that pets that are service animals must be accommodated in the workplace. She said at one point that if she had to get the dog certified she would do so.
I have now heard through the grapevine that DE is saying that the dog doesn't have to be certified "officially" which seems to be true from the FAQ on the DOJ website. So I assume that I can't create a policy that requires a certification for a service animal in my workplace. (correct me if that assumption is wrong) If I can't do that, can I create a policy that requires someone wishing to bring their "service animal" in to describe via memo the disability and the way in which the animal assists them?
Of course if the nature of the service were obvious (assisting blind employee) I wouldn't bother. But here's the kicker... I hear through the same grapevine that DE claims that her disability is a mental one and the dog assists her. At which point I throw up my hands and cry "uncle."
Help, o wise ones!
Dogloving Employee is a very smart and resourceful woman. She knows that pets that are service animals must be accommodated in the workplace. She said at one point that if she had to get the dog certified she would do so.
I have now heard through the grapevine that DE is saying that the dog doesn't have to be certified "officially" which seems to be true from the FAQ on the DOJ website. So I assume that I can't create a policy that requires a certification for a service animal in my workplace. (correct me if that assumption is wrong) If I can't do that, can I create a policy that requires someone wishing to bring their "service animal" in to describe via memo the disability and the way in which the animal assists them?
Of course if the nature of the service were obvious (assisting blind employee) I wouldn't bother. But here's the kicker... I hear through the same grapevine that DE claims that her disability is a mental one and the dog assists her. At which point I throw up my hands and cry "uncle."
Help, o wise ones!
Comments
>talking about?
Paul, we're an educational consulting firm.
If this woman presents her dog as a service animal, then that's your cue to initiate the ADA interactive process in which you may request medical documentation of the condition to determine whether it is an ADA-covered disability. I think it's time to call her bluff and enforce your no pets rule until she can establish her "disability."
I really want to hear how this one turns out. Good luck!
I can't imagine that anyone can just decide on their own that their dog is a service animal.
Good luck.
I can see it now......she sends the dog to get certified for, say, helping blind people then comes back and produces the certification....so since he is a "certified" animal she wants to bring him to work even though she is not blind....get my point?
Each needs the certification.
I will certainly keep you all posted on the next go-round in this saga!
Actually, in my Agency we have two therapists who have certified their dogs through Delta Society, along with certifying themselves. This enables them to bring their dog to counseling sessions at our agency and to bring their dog to various schools where they perform counseling for kids. Their dogs are called "Certified Therapy Dogs" through Delta Society. I, on the other hand, am not a counselor, but I too bring my "Certified Animal Assisited Activity Dog" to work with me. We are also both certified. The difference is that my dog not go into counseling sessions with kids, but interacts with visitors to the agency, mostly kids. He is the Mascot for our agency, he greets the kids who come in for counseling; they can pet him, talk to him, give him treats, and it helps them work out their issues. Staff here have come to expect "Bailey" to be here every day. He relieves their stress, attends all meetings, outings, Board Meetings, and everyone accepts him. So I guess I'm pretty lucky to be able to have him at work with me(he's a 7 yr old Golden Retriever).
I would absolutely require your employee to provide the necessary certification for her and her dog as well as a doctor's certification as to her disability.
The cat was the best part of city hall in my opinion.
In the high tech hiring frenzy of the mid to late nineties, many companies were allowing employees to bring pets to work as part of "work life balance".
My sense is that many of those "perks" (drop your laundry off at the office, onsite childcare, wear shorts to work, flexible schedules, free food) have not survived any better than the dot coms.
I DON'T WANT TO SEE ANY LOL's OUT THERE!!
I wonder if she is cleverly demonstrating her disability but refusing to acknowledge the employer's view of ADA. Mama Mia!
Whirlwind is right on with her advice, follow it and the EE will have to bring in the medical documentation that starts that process.
This EE is just trying to scam you and I think you know this.
Anyway...we then had to put in a "no pets" policy because we had a physician who was bringing his puppy to work with him. The dog was peeing and pooping all over the place (what you really want in a medical practice). The doctor made a big joke out of it and was introducing the dog as his "assistant".
I love dogs as much as anyone could, but I don't think my Yorkies would qualify as service animals.
HR = Never a Dull Moment.
PS: If this does qualify, couldn’t all of us in HR use a “mental service animal” occasionally after dealing with problems like this? X;-)
I’m sure many of us are still wondering how this saga is going. x:-/
I attended some ADA training last month given by an EEOC lawyer that was excellent. Part of it focused on “reasonable” and documentation. She didn’t do “lawyer speak” or try to avoid hard questions. Very worthwhile for all of us that had different levels of ADA knowledge.
So anyway, what’s the status and if still ongoing, please see my previous post asking a couple questions?