[nagdu] Summer workplace issue

[Marion Gwizdala]

Alyssa,

	I will first begin by stating that what I share is meant as informal
guidance only and should not be construed as legal advice. An employer is
required by law to make reasonable accommodation for employees with
disabilities unless they can demonstrate that doing so would cause an undue
burden or pose a direct threat - a significant risk to the health or safety
of others that cannot be eliminated by a reasonable accommodation. They
might argue that the presence of a dog in an area where the packaging of
medical supplies takes place poses a direct threat. The question is "What
sort of precautions are taken by others to ensure safe handling and
packaging?" Do others wear protective garments, e.g., sterile gowns, gloves,
masks, etc. or are they in their street clothes? If the former, it is not
reasonable to expect a dog to undergo such precautions. If the latter, the
presence of a clean, well-groomed dog poses no more risk than that of a
human. It is important to note that it is up to the employer to demonstrate
that the presence of the dog poses a threat or an undue burden; it is not up
to you to prove it does not. The demonstration must be made by reliable
scientific evidence, not upon conjecture or assumption. 

With kind regards,

Marion Gwizdala, President
National Association of Guide Dog Users Inc.
National Federation of the Blind
(813) 626-2789
(888) 624-3841 (Hotline)
President at nagdu.org
http://www.nagdu.org

High expectations create unlimited potential for the blind!


-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of AlyssaHenson via
nagdu
Sent: Wednesday, July 01, 2015 4:21 PM
To: the National Association of Guide Dog Users NAGDU Mailing List
Cc: AlyssaHenson
Subject: [nagdu] Summer workplace issue

Hello listers,
I come to you with an interesting issue. My family is pushing me to do the
lite house for the blind summer work program. I'm against it for a variety
of reasons, but one of the most important involves my dog. The job is
packaging medical kits. Because of this, the hr director said my dog can't
be in the work area with me. She can come with me but has to be on tie down
somewhere else in the building. This is why I'm here to ask can they
actually get away with this? Your insight is appreciated.
Alyssa

Sent from my iPhone
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