A state employee with a walking impairment had a specially trained dog that assisted her in getting around the workplace. The slick linoleum flooring in her office, however, caused her dog to slip and fall. The employee tried to use dog booties, but that resulted in paw infections. So she requested that the employer accommodate by installing non-skid floor coverings for areas she needed to traverse. The employer sat on the request for several months, with no action or response. In the meantime, the dog fell several more times, requiring veterinary treatment, and the agency that provided the service animal to the employee decided to withdraw the dog because of safety conditions.
In McDonald v. Mont. Dept. of Environmental Quality, the employee sued her employer for failure to engage in the interactive process and to accommodate under the federal Americans with Disabilities Act (ADA) and the Montana Human Rights Act (MHRA). The employer defended the case by claiming that the ADA and MHRA require the accommodation of people with disabilities but do not require accommodation of a service animal. The court disagreed.
The service dog, in this case, is no different than any other mobility device such as a wheelchair. Allowing an employee to bring a wheelchair into the building but failing to provide internal ramps for its use, for example, would nullify the accommodation. The ADA (28 C.F.R. §36.304) specifically mentions modifying floor surfaces for wheelchairs as part of the accommodation requirements, and there should be no difference for other types of mobility aids, such as a service animal. The court found that failure to consider and implement the floor coverings was a failure to accommodate the employee, not the mobility device. The award: $30,000, plus attorneys’ fees. (Half of the damage award was for vet bills and replacement of the original service animal, which had to be retired because of the repeated injuries.) In addition, the employer had to spend significant legal fees and costs to defend the case; the non-skid floor covering would have cost $1,500 (Montana Sup. Ct., 2009).
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I like the changes many businesses try to do for the disabled. I had a question that came up today. I have two pet therapy dogs that visit a local hospital where my husband works. My older therapy dog is also my medical alert dog. I was told by the communications director at the hospital that the corporate office sent a memo about three months ago mentioning that they were no longer allowed to ask whether their dog was a service dog when someone entered the hospital with a dog because the ADA stipulated to that point. How will that help to keep people wanting to bring pets in to visit the patient when it is against hospital policy. Has anyone else heard of this new requirement from the ADA?
Can you all help me spread the word about a potential Class Action Law Suit that Service Animal Users may have now in the State of NC?
“By filing this, I have just opened the doors for ALL NC State Service Animal Registered Users to have a class action law suit against the State of NC DHHS / DVRS
3:10-cv-355 http://www.ncwd.uscourts.gov/
If you have filled out the form in NC for a Service Animal Registration Tag, as required under NC State Law then you had your Civil ADA Rights Violated Twice 1) they ask you about the “Nature of your Disability” 2) they require Proof of Training even under the new law it is still a ADA violation for them to do that.
Inquiries about service animals. The NPRM proposed language at § 35.136(f) setting forth parameters about how a public entity may determine whether an animal qualifies as a service animal. The proposed section stated that a public entity may ask if the animal is required because of a disability and what task or work the animal has been trained to do but may not require proof of service animal certification or licensing. Such inquiries are limited to eliciting the information necessary to make a decision without requiring disclosure of confidential disability-related information that a State or local government entity does not need. This language is consistent with the policy guidance outlined in two Department publications, Commonly Asked Questions about Service Animals in Places of Business (1996), available http://www.ada.gov/qasrvc.htm and ADA Guide for Small Businesses, (1999), available http://www.ada.gov/smbustxt.htm.
Inquiries. A public entity shall not ask about the nature or extent of a person´s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person´s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).”
Here is where you will find the violations.
http://dvr.dhhs.state.nc.us/ServiceAnimalRegAppForm.pdf
So if you live in NC and have one of their State issued Tags, I honestly believe someone should start a class action law suit. The State of NC has a record of every Tag issued and each Tag issued violated 2 ADA laws.
Sincerely,
R. A. Capell
Also see related postings made by Sutton over here http://www.glidercentral.net/ubbthreads/ubbthreads.php/topics/987569/Suggies_as_ADA_pets We are fixing to loose our ADA Rights if we do not do something like the Miniature Horse Community has done.
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http://twitter.com/#!/KI4MYN”
Miniature Horse, I live in a different state but he newest ADA laws published and instated on March 15, 2011 covers it and since it is Federal Law it is above State, City or Local does this help I hope.
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