The following case presents an unfortunate situation that could potentially have been prevented. We are sharing a summary of the case for your review, along with professional recommendations from Program Partner SESCO Management Consultants:
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a Maryland-based dealership with Virginia operations. The lawsuit alleges that the Dealership violated federal law by refusing to allow a parts department worker to have a service dog at work as a reasonable accommodation for his post-traumatic stress disorder (PTSD).
According to the EEOC's lawsuit, the Dealership summarily denied the parts department worker's request to bring a service dog to work, which was intended to help control panic attacks caused by his PTSD. The Dealership also reportedly refused to offer or propose alternative accommodations. The EEOC states that the Dealership's demand for the employee to continue working while suffering panic attacks, and without any accommodation, ultimately forced the employee to resign.
This alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from denying a reasonable accommodation without demonstrating undue hardship and without engaging in the interactive process.
The ADA and guidance from federal agencies interpreting the ADA provide important information regarding service animals:
- A service animal is defined as any dog individually trained to perform work or tasks for the benefit of an individual with a disability, encompassing physical, sensory, psychiatric, intellectual, or other mental disabilities.
- Other species of animals, whether wild or domestic, trained or untrained, do not qualify as service animals.
- The work or tasks performed by a service animal must be directly related to the individual's disability.
- It's important to note that the crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks under the ADA.
- Service animals are distinct from other animals that may assist individuals, such as pets, therapy animals, companion animals, and social therapy animals.
SESCO Staff Recommendations to Prevent EEOC Lawsuits:
To help prevent similar situations and prevent EEOC lawsuits, SESCO Management Consultants offers the following recommendations:
- Conduct an annual audit of all employment practices
- Ensure your Employee Handbook is not only compliant but also effective.
- Train all managers on essential employment practices, including screening and hiring, EEOC protections and compliance, harassment, and disciplinary matters up to and including terminations.
- Consider utilizing SESCO's Professional Services agreement, which provides daily or as-needed support under a fixed monthly fee. A quick phone call can often prevent significant liability, as this dealership has unfortunately encountered.
SESCO provides reduced pricing to VADA members for their monthly service agreement and/or project work as requested.
To Contact SESCO,
SESCO Management Consultants
P.O. Box 1848
Bristol, Tennessee 37621
Main: (423) 764-4127
Fax: (423) 764-5869
Website: www.SESCOmgt.com
Email: sesco@sescomgt.com