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

Fri Apr 28 14:10:12 UTC 2017

Is this article actually verified as completely accurate? I'm
seriously asking, because I'm not as familiar with the employment
aspects of the ADA. Some of these restrictions seem pretty ridiculous
to me though.

For one, you are not required to provide advanced notice that you have
a disability to a potential employer, except that apparently you are
if you have a service dog. Just leaving your dog at home is not an
option for some people, particularly if the service dog alerts to
seizures, allergens, etc. Are you also supposed to get permission from
an interviewer to use a cane, wheelchair, screen reader, or other type
of medical equipment, because those would likely also be considered a
reasonable accomodation?

It also doesn't make sense to me why employment is the only time that
advanced notification of bringing a service dog is required. Service
animals are considered a reasonable accommodation under the FHA as
well if I understand it correctly, but only if you are actually living
in the rental housing. You do not need to provide advanced
notification that you are bringing an SD to look at an apartment.
Service dogs are a reasonable accommodation in an employment setting,
but you also need to provide advanced notification for a job interview
where you are not yet an employee?

OK, rant over.

Danielle and Thai

On 4/28/17, Cindy Ray via NAGDU <nagdu at nfbnet.org> wrote:
> Wow! I have never gone to a job interview with a dog because I didn't have
> any except the ones at the Iowa Department for the Blind, and that was a
> given that the dog should go. I can't imagine that you would have to ask
> for
> approval to take your dog to it. This seems more limiting than I would have
> thought life is. It seems a business is still rather public. Hmm! Have to
> ponder this one.
> Cindy
>
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tracy Carcione
> via NAGDU
> Sent: Friday, April 28, 2017 7:20 AM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> <nagdu at nfbnet.org>
> Cc: Tracy Carcione <carcione at access.net>
> Subject: [NAGDU] FW: [Njagdu] Taking a Service Animal to a Job Interview:
> Public Access or Reasonable Accommodation?
>
> 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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