[nagdu] Denial of Access Based upon Allergies

Dan Weiner dcwein at dcwein.cnc.net
Tue Aug 25 18:25:26 UTC 2015


But you see, very few allergic people I have ever met would ever try to
document that as a   disability because they would be afraid of not getting
the job. It's just a useful thing to complain about  when  they meet those
of us with guide dogs.

Dan W.

 

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Marion Gwizdala
via nagdu
Sent: Tuesday, August 25, 2015 2:18 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Cc: Marion Gwizdala; hotlinestaff at nfbnet.org
Subject: [nagdu] Denial of Access Based upon Allergies

Aleeha,

	I am copying this reply to the NAGDU hotline staff for their
edification, as well. Title I of the ADA requires employers to make
reasonable accommodations for their employees with disabilities. This
requires an employee to request the accommodation and provide documentation
of the need for such an accommodation. The employer is required to provide
the accommodation unless doing so would pose a direct threat - a significant
risk to the health or safety of others that cannot be eliminated by a
reasonable accommodation- or if providing the accommodation would pose an
undue burden. Furthermore, employers may impose such requirements that may
be necessitated by the job for which the individual is applying, known as
Bona Fide Occupational Qualifications (BFOQ). For instance, someone whose
job is a driver must possess a valid drivers' license appropriate to the
type of driving required. 

	In the case you cite, an allergy to dog dander that rises to the
level of a disability because it interferes with the essential life function
of breathing may be considered a direct threat that cannot be eliminated by
a reasonable accommodation. Those with such severe allergies to dog dander
that it causes anaphylactic shock could also have a reaction to the presence
of dog dander on your clothing, something very likely for those of us who
use service dogs. So, whether the dog is present or not, the person could
realistically have such a reaction and an employer would be within their
right to not hire that person as a driver of a for hire vehicle.


Fraternally yours,
Marion Gwizdala



-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Aleeha Dudley via
nagdu
Sent: Tuesday, August 25, 2015 1:55 PM
To: nagdu at nfbnet.org
Cc: Aleeha Dudley
Subject: [nagdu] Trying to understand: denial of access bad allergies

Hello all,
Can you guys weigh in on this? I have been severely criticized and called
selfish for my opinion on this matter. This especially has to do with denial
of access to uber vehicles, but could also have implications elsewhere. 
Let's start with a hypothetical situation. I request a ride with the uber
app. As I do not think it is necessary, I do not inform the driver that I am
accompanied by my dog. The driver shows up and says that they cannot take my
dog because they or someone in their family has a severe allergy to dog
dander, to the point that their throat closes up. 
In my opinion, this person shouldn't be driving anyway because anyone could
be carrying pet dander on their clothing. My dog poses just as much a risk
as the next person if my dog is well groomed. I believe that everyone should
follow the law. Now, I'm told that this view makes me close minded and
selfish. I have a similar view on fear of dogs. I'm told that we are all
being close minded and spewing rhetoric when we talk about the uber lawsuit,
but that is a topic for another post. What do you all think? 
Aleeha 

Sent from my iPhone
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