My employer says I will be unable to retain my job with a service dog. What should I do?

SSG Michael Scott — Tue, 14 Feb 2017 15:03:01 -0500

Keep job or take care of yourself?

Response by SSG Carlos Madden made Feb 14 at 2017 3:10 PM

SSG Carlos Madden — Tue, 14 Feb 2017 15:10:32 -0500

Are you saying you are unable to retain your job with a service dog?

Response by Sgt Private RallyPoint Member made Feb 14 at 2017 3:16 PM

Sgt Private RallyPoint Member — Tue, 14 Feb 2017 15:16:49 -0500

SSG Michael Scott What kind of job do you have, that they will not provide reasonable accommodation?

Response by 1SG Private RallyPoint Member made Feb 14 at 2017 4:01 PM

1SG Private RallyPoint Member — Tue, 14 Feb 2017 16:01:27 -0500

ESGR sounds like a good place to start. Their job is making employers understand the laws, and how much they risk if they violate those laws. Once you talk to them I would sit down and seriously assess your disposition. Can you handle your job with out the service animal present? The system is there to protect us when we need it to, not merely because we can. There is no honor in pushing for an accommodation you don't actually need 24/7. IF you do need it, fight for it, you earned it.

Response by SSG Mark Franzen made Feb 14 at 2017 6:21 PM

SSG Mark Franzen — Tue, 14 Feb 2017 18:21:37 -0500

I Would be asking For reasonable accomidations if not ask to go see his boss if he has one or Get Lawyer involved.

Response by Sgt Bob Leonard made Feb 14 at 2017 7:16 PM

Sgt Bob Leonard — Tue, 14 Feb 2017 19:16:45 -0500

My first thought: have you REQUESTED reasonable accomodations. It MAY be that your employer is is trying to avoid that issue by telling you preemptivly that you have become unemployable. Unless the rules have changed, your employer is not obligated to make or offer reasonable accomodations (they may, but they're not required to). However, if you request that RAs be made, the employer must then explore possibilities.

That said, the "reasonable" part of RAs is an undefined term. It will vary from situation to situation. You say you're in Mental Health with direct patient contact. Your employer (how large is your employer? Major corp. or local provider) may be concerned, if something happens, would it expose them to some kind of increased liabilty (even if the presence of your service animal was not a factor).

Personally, I expect that the presence of a well-trained service animal would be a real asset greater than any hypothetical risk. But, it is the job of a Risk Management Dept. to think about those things.

My answer is "Take care of yourself." That appies regardless of the course of action you choose. I hope you and your employer can find RAs which satisfy everyone's concerns AND make you a better, more effective employee.

Praying for you!

Response by SPC Private RallyPoint Member made Feb 14 at 2017 9:38 PM

SPC Private RallyPoint Member — Tue, 14 Feb 2017 21:38:26 -0500

I would contact the Employment Support of the Guard and Reserve (ESGR) for information.
Then you need to ask yourself are you happy at your job?
If yes then I would ask for reasonable accommodations because it's possible they're forgetting ADA and USERRA. I'm not an expert on those subjects but it's worth looking into.

Response by SGM Erik Marquez made Feb 15 at 2017 7:54 AM

SGM Erik Marquez — Wed, 15 Feb 2017 07:54:57 -0500

Service dog?
Or Therapy Dog?
Or Emotional Support dog?
Only Service dogs have the full protections under the law.
Good source of info
http://www.psychdogpartners.org/resources/frequently-asked-questions/laws

Service Dog Laws FAQ: Service Dog vs ESA vs Therapy Dog

Service dog laws (ADA) & basics, differences among psychiatric service dogs, emotional support animals, & therapy dogs, service dog laws: housing & flying.

Response by SSgt Boyd Welch made Feb 15 at 2017 8:42 AM

SSgt Boyd Welch — Wed, 15 Feb 2017 08:42:49 -0500

Several things come into play here. Under the ADA, the employee is required to ask for a reasonable accommodation. The employer is required to have an interactive dialogue with the requestor about the ramifications and any potential hardship the request may impose and then make a determination of availability of the accommodation requested. If you work in a food grade or pharmaceutical industry manufacturing operation or a patient contact area, the likelihood will be slim to none. The reasoning is potential contamination of pet dander, fecal contamination from the animals paws or coworker allergies. The company is not required to reassign the applicant to another job or transfer their responsibilities to someone else in order to accommodate. On the other hand, an employer can not automatically dismiss someone's request as a blanket rule. They have to consider each request on its own merits.

Response by Cpl Justin Goolsby made Feb 15 at 2017 9:00 AM

Cpl Justin Goolsby — Wed, 15 Feb 2017 09:00:35 -0500

I can't vote on this because I can't choose just one answer. How important is the job to you? Is this your dream job or is it just something to sustain a lifestyle? My point being that jobs come and go. I know some people are married to their work, but you might also be better off seeking employment elsewhere. Another thing to consider is you might be able to find a more accommodating employer elsewhere. I wouldn't tell my employer to make accommodations for me, because you could also be affecting all the employees around you... whether it's allergies from dog hair or maybe you work in food service which shouldn't have dogs by the food prep counters.

The other side of the argument is how much are you attached to this dog? Since the image you tagged is PTSD related, I'm assuming this isn't a seeing eye dog. How much can you function without your service dog? Maybe you can last only 4 hours, so you split your work day into 2 4 hour shifts with a therapy dog break in between. I don't know what your particular needs are for having a therapy dog, but have you considered working jobs that decrease your reliance on a service animal.

I don't want to sound like I'm downplaying your needs for a service animal or PTSD in general. I am merely providing additional questions that might be able to give you a better answer after a moment of self-reflection.

Response by Lt Col Jim Coe made Feb 17 at 2017 10:45 AM

Lt Col Jim Coe — Fri, 17 Feb 2017 10:45:41 -0500

If your employer has an equal employment opportunity office, go talk to them. If not, an HR professional should understand the law with regard to reasonable accommodation. Failing all that, document everything that happens and get a good lawyer. You might successfully sue the employer and end up "owning the company."