[nagdu] Need Advice About Allergic Coworker

[Ginger Kutsch]

Dear Alysha,

You may wish to visit The Seeing Eye's Web site at:
http://www.seeingeye.org/news/default.aspx?M_ID=413
to learn more about your rights and responsibilities in the work
place.

For information about your specific situation, you may wish to
consult with the Job Accommodation Network. JAN provides free,
confidential technical assistance about job accommodations and
the ADA. You can visit
http://askjan.org/index.html
or call (800)526-7234.   

Basically, if your dog's presence  causes your co-worker to
experience severe respiratory difficulties and other serious
health issues, then the co-worker is considered "disabled" under
the ADA - even if medication can be used to control his symptoms.


When an employee requests an accommodation and the disability or
need for accommodation is not obvious, e.g. allergic reactions
are not visible  in the workplace, an employer may require that
the employee provide medical documentation to establish that the
employee has an ADA disability and needs the requested
accommodation.

Moving forward, employers are obligated to provide reasonable
accommodations for employees with disabilities upon request. If
there is a conflict between the need for accommodations between
employees, the employer must work with both parties to come up
with an equal  solution. No one person's rights trumps that of
another.

I've pasted in an article from JAN that you may find helpful.
Good luck with your situation.

Ginger

*text begins here
Service Animals and Allergies in the Workplace 
http://www.jan.wvu.edu/corner/vol02iss01.htm

>From the desks of Linda Carter Batiste, J.D., 
and Tracie Saab, MS
 
Employers may be faced with difficult issues when the
accommodation needs of one employee interfere with the
accommodation needs of another employee. One such situation
occurs when an employee is allergic to a service animal used by
another employee. The following is a summary of accommodations
that might meet the needs of both employees: 

1. Eliminate in-person contact: 

 Have the employees work in different areas of the building. 

 Establish different paths of travel for each employee. 

 Arrange for alternatives to in-person communication, such as
e-mail, telephone, teleconferencing, and videoconferencing. 

 Allow flexible scheduling so the employees do not work at the
same time. 

 Allow one of the employees to work at home or to move to another
location. 

2. Minimize exposure if in-person contact cannot be eliminated: 

 Provide one of the employees a private/enclosed workspace. 

 Use a portable air purifier at each workstation. 

 Develop a plan between the employees so they are not using
common areas, such as the break room and restroom, at the same
time. 

 Ask the employee who uses a service animal if he/she is willing
to use dander care products on the animal regularly. Most
veterinarians and local pet supply stores carry such products. 

 Ask the employee who uses the service animal if he/she is
willing to temporarily use other accommodations to replace the
functions performed by the service animal during meetings
attended by both employees.

 Ask the employee who is allergic to the service animal if he/she
wants to, and would benefit from, wearing an allergen/nuisance
mask. Many local home improvement or hardware stores carry such
masks. 

 Have the work area, including carpets, cubicle walls, and window
treatments cleaned, dusted, and vacuumed regularly. 

 Add HEPA filters to the existing ventilation system. 

 Allow the employee who has allergies to take periodic rest
breaks to go outside, take medication, or to go to the doctor if
needed.