[NAGDU] FW: [Njagdu] Taking a Service Animal to a Job Interview: Public Access or Reasonable Accommodation?

[Jordan Gallacher]

I have never worried about it. Most employers cannot inquire about your disability, especially an obvious disability, until a job offer is made  
Jordan

Sent from my iPhone

> On Apr 28, 2017, at 7:20 AM, Tracy Carcione via NAGDU <nagdu at nfbnet.org> wrote:
> 
> Huh.  When I was interviewing for jobs, well before the ADA, I didn't even
> think about whether or not I should bring my guide dog with me.  I just did
> it.  We come as a set, pretty much.  I don't recall any interview that
> didn't require considerable travel by bus or subway, plus walking through
> the city, so of course I used my dog.  My first dog went on so many job
> interviews that she learned to look for a reception desk as soon as we
> walked into an office building.  Smart girl.
> 
> Sometimes I think the ADA just complicates things.
> 
> Tracy
> 
> 
> 
> From: NJAGDU [mailto:njagdu-bounces at nfbnet.org] On Behalf Of Ginger Kutsch
> via NJAGDU
> Sent: Thursday, April 27, 2017 3:41 PM
> To: New Jersey Association of Guide Dog Users
> Cc: Ginger Kutsch
> Subject: [Njagdu] Taking a Service Animal to a Job Interview: Public Access
> or Reasonable Accommodation?
> 
> 
> 
> 
> Taking a Service Animal to a Job Interview: Public Access or Reasonable
> Accommodation?
> 
> 
> JAN e-news 2nd quarter 
> 
> URL: http://askjan.org/enews/2017/Enews-V15-I2.htm#1
> 
> Issues related to service animals in the workplace continue to confuse both
> employers and the individuals with disabilities who use the service animals,
> but one of the most confusing issues is whether a job applicant has a right
> to take a service animal to a job interview. The answer depends on whether
> the interview is part of a public event, such as a job fair, or a private,
> one on one interview in the employer's place of business. Why does it matter
> whether the job interview is public or private? It matters because there are
> different rules under the Americans with Disabilities Act (ADA) related to
> service animals in public places versus places of employment. 
> 
> Public job fairs are typically covered by title II (state and local
> government) or title III (public accommodations) of ADA depending on who
> sponsors the fair.  They are usually open to anyone who wants to attend so
> they are considered public. Under titles II and III of the ADA, individuals
> with disabilities attending a public job fair have a right to take their
> service animals with them according to Department of Justice guidelines
> <https://www.ada.gov/regs2010/service_animal_qa.html> .
> 
> For private, one on one job interviews, title I (employment) of the ADA
> applies, assuming the employer has at least 15 employees. Under title I,
> individuals with disabilities do not have an automatic right to bring a
> service animal to a job interview; bringing an animal into an employer's
> place of business is a form of reasonable accommodation, meaning the job
> applicant must ask to bring the service animal to the interview and the
> employer must consider the request. 
> 
> But what should an employer do if a job applicant shows up with a service
> animal without prior approval? From a practical standpoint, the best thing
> might be to go ahead and conduct the interview if possible and then discuss
> the service animal if the applicant is offered the job. This way, the
> employer focuses on the job applicant's qualifications and not on the
> employee's disability. In some cases, the employer might need to ask about
> the service animal as part of determining whether the applicant is
> qualified. For example, if the applicant is applying for a food service job,
> there will be work areas where the service animal is not allowed and the
> employer may need to make sure the applicant can perform the job without the
> service animal present at all times. For purposes of the job interview, this
> discussion should be brief and focused on job performance. 
> 
> For job applicants with disabilities who use service animals, there are a
> couple of different options for the job interview. First, the applicant can
> notify the employer that he/she uses a service animal and ask whether the
> service animal can be used during the job interview. Applicants should be
> prepared to provide medical documentation if the employer requests it; under
> the ADA, employers are allowed to require medical documentation when an
> applicant or employee requests an accommodation. Some employers try to
> minimize medical documentation related to accommodation requests for job
> interviews, so hopefully applicants will not be required to provide any, but
> it is good to be prepared. 
> 
> The other option is to not use the service animal during the job interview.
> Some people need their service animal with them at all times, but others are
> able to be without the service animal for brief periods and opt to wait to
> talk with an employer about the use of the service animal until after a job
> offer is secured. 
> 
> Also, there may be state laws related to service animal access that require
> employers to automatically allow job applicants to bring a service animal to
> the job interview. For information about state laws, see
> http://servicedogcentral.org/content/node/51
> 
> - 
> 
> 
> 
> 
> 
> 
> 
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