[nagdu] Walmart

Tue Jan 6 12:50:31 UTC 2015

Thanks Steve for this very clear explanation.
Tracy

----- Original Message ----- 
From: "Steven Johnson via nagdu" <nagdu at nfbnet.org>
To: "'Cindy Ray'" <cindyray at gmail.com>; "'NAGDU Mailing List,the National 
Association of Guide Dog Users'" <nagdu at nfbnet.org>
Sent: Sunday, January 04, 2015 2:12 PM
Subject: Re: [nagdu] Walmart

> 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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