[nagdu] Walmart

Sun Jan 4 19:12:51 UTC 2015

This is an ADA Title I issue, not an ADA Title III issue which is seemingly
being referred to.  Six months is not reasonable where the ideology behind
reasonable accommodations come from.  See my last notation in this response
marked with **.

Under ADA Title I, which covers provisions of the law addressing employment,
businesses must provide reasonable accommodations to protect the rights of
individuals with disabilities in all aspects of employment. Possible changes
may include restructuring jobs, altering the layout of workstations, or
modifying equipment. Employment aspects may include the application process,
hiring, wages, benefits, and all other aspects of employment. Medical
examinations are highly regulated.

It is a violation of the  ADA to fail to provide reasonable accommodation to
the known physical or mental limitations of a qualified individual with a
disability, unless to do so would impose an undue hardship on the operation
of the business. Undue hardship means that the accommodation would require
significant difficulty or expense.

Frequently, when a qualified individual with a disability requests a
reasonable accommodation, the appropriate accommodation is obvious. The
individual may suggest a reasonable accommodation based upon her own life or
work experience. However, when the appropriate accommodation is not readily
apparent, the employer must make a reasonable effort to identify one. The
best way to do this is to consult informally with the applicant or employee
about potential accommodations that would enable the individual to
participate in the application process or perform the essential functions of
the job. If this consultation does not identify an appropriate
accommodation, there are a multitude of resources that can help with this.
Another resource is the Job Accommodation Network (JAN). JAN is a free
consultant service that helps employers make individualized accommodations.
The telephone number is 1-800-526-7234.

It is not necessary to provide a reasonable accommodation if doing so would
cause an undue hardship. Undue hardship means that an accommodation would be
unduly costly, extensive, substantial or disruptive, or would fundamentally
alter the nature or operation of the business. Among the factors to be
considered in determining whether an accommodation is an undue hardship are
the cost of the accommodation, the employer's size, financial resources and
the nature and structure of its operation.

If a particular accommodation would be an undue hardship, the employer must
try to identify another accommodation that will not pose such a hardship. If
cost causes the undue hardship, the employer must also consider whether
funding for an accommodation is available from an outside source, such as a
vocational rehabilitation agency, and if the cost of providing the
accommodation can be offset by state or federal tax credits or deductions.
You must also give the applicant or employee with a disability the
opportunity to provide the accommodation or pay for the portion of the
accommodation that constitutes an undue hardship.

The employer and the individual with a disability should engage in an
informal process to clarify what the individual needs and identify the
appropriate reasonable accommodation.  The employer may ask the individual
relevant questions that will enable it to make an informed decision about
the request. This includes asking what type of reasonable accommodation is
needed.  The exact nature of the dialogue will vary. In many instances, both
the disability and the type of accommodation required will be obvious, and
thus there may be little or no need to engage in any discussion. In other
situations, the employer may need to ask questions concerning the nature of
the disability and the individual's functional limitations in order to
identify an effective accommodation. While the individual with a disability
does not have to be able to specify the precise accommodation, s/he does
need to describe the problems posed by the workplace barrier. Additionally,
suggestions from the individual with a disability may assist the employer in
determining the type of reasonable accommodation to provide. Where the
individual or the employer are not familiar with possible accommodations,
there are extensive public and private resources to help the employer
identify reasonable accommodations once the specific limitations and
workplace barriers have been ascertained.(26)

**And finally, how quickly must an employer respond to a request for
reasonable accommodation? An employer should respond expeditiously to a
request for reasonable accommodation. If the employer and the individual
with a disability need to engage in an interactive process, this too should
proceed as quickly as possible.  Similarly, the employer should act promptly
to provide the reasonable accommodation. Unnecessary delays can result in a
violation of the ADA.

HTH, 
Steve

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Cindy Ray via
nagdu
Sent: Sunday, January 04, 2015 6:56 AM
To: 'Julie J.'; 'NAGDU Mailing List, the National Association of Guide Dog
Users'
Subject: Re: [nagdu] Walmart

I didn't know this about Walmart. I have never had a problem with Walmart
about my dog. 

CL

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie J. via
nagdu
Sent: Sunday, January 4, 2015 6:54 AM
To: Laura T; NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Walmart

I think there are two separate issues going on here.  You as an employee and
people shopping as the public.

The law is a bit different for each situation.  Six months is a long time
for them to hold out on you having your guide dog at work.  Was there some
issue to be sorted out?  Do you work in the deli or something where it would
be a concern?

I agree that people should not be taking random dogs and cats into the
store.  However, Wal-Mart doesn't exactly have a great reputation concerning
service dogs.  I don't want to be followed through the whole store or asked
repeatedly if my guide is a service dog.  I don't think the other extreme of
leaving it a free for all is good either.

Julie
Courage to Dare: A Blind Woman's Quest to Train her Own Guide Dog is now
available! Get the book here:
http://www.amazon.com/dp/B00QXZSMOC
Visit my new website on developing courage and living authentically:
http://www.falling-up.com
-----Original Message-----
From: Laura T via nagdu
Sent: Sunday, January 04, 2015 6:32 AM
To: nagdu at nfbnet.org
Subject: [nagdu] Walmart

I would like to vent my frustrations about a policy that needs changing I am
a guide dog user and I have worked with my employer Walmart for 6 months to
get permission to bring my dog to work with me Which I have gotten just
getting the final arrangments in place But Walmart's service dog policy for
the general public shopping in the store hurts those of us that have
legitimate service animals the policy states that only a salaried member of
management can make an inquiry into the nature of why an animal is in the
store Unless thew door greater makes the call to question upon entering the
store.Now let me go on to say that in my store they have reassigned the door
greeters to other tasks and management has little time to police this issueI
have seen kittens wrapped in blankets in the store and 8 week old puppies
being brought in just to be shown off my feeling is that if anyone can walk
through any door of Walmart at any time with any animal this is hurting
those of us who really need service animals animals that are untrained one
of these days are going to bite someone or worse yet harm a "real" service
animal the sad part is that these people don't even have to pretend that the
animal is a service animal. I have tried to speak with store management and
have been told that it is a corporate policy been shown the policy and told
that they will not change it because Walmart was sued in the past for
harassing a person with a service dog and lost if anyone else here works for
Walmart I would like to know if your experience is different  But I would
also like the groups opinion if I am taking this too personally because I am
a guide dog user and a Walmart employee thanks
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