Full question:
I work for Southwest Tennessee Community College. I have Rheumatoid Arthritis and have some mobility issues in getting around campus. I am a Computer Lab technician, and I have labs all over campus in 5 buildings. I have trained a Golden Retriever to assist me in getting around, helping me get out of chairs, to get up off of the floor, and to sit and let me lean on his head if my knees feel like they are giving out. I had the dog with me at work for over a month, when I was summoned to our department HR reps office. I was told, not asked, to take the dog home and that I could not bring him back. I was sent a letter telling me that the reason for getting rid of the dog was 'safety and health'. My wife gives my dog a bath every Sunday evening so he will be clean for work. The dog is very gentle and loves people. He wears a 'Service Dog' cape and we have never been disallowed entrance to a restaurant. He is a very well trained dog, who helps me a lot. Can I do anything legally to get my dog back at work with me?
- Category: Employment
- Subcategory: Discrimination
- Date:
- State: Tennessee
Answer:
Service animals assist individuals with disabilities by performing tasks that the person cannot do themselves. Under the Americans with Disabilities Act (ADA), businesses that serve the public must allow service animals in areas where customers are permitted. This includes restaurants, hotels, and other public places. Employers are also required to accommodate employees with disabilities unless it causes undue hardship.
The ADA defines a disability as a significant limitation in performing major life activities. If you have a disability and your service dog helps you perform essential job functions, your employer may be required to allow the dog at work.
Employers must engage in an interactive process to determine reasonable accommodations for employees with disabilities. This can include allowing a service dog if it helps the employee perform their job. However, if the dog poses a safety risk or disrupts the workplace, the employer may have grounds to deny access.
If you wish to bring your service dog back to work, you should formally request this accommodation. You don't need to mention the ADA specifically, but you should explain your need for the dog due to your medical condition. If your employer refuses, they must provide a valid reason based on safety or health concerns.
For more information on your rights and potential next steps, you may want to consult with a legal professional who specializes in disability law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.