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

Buddy Brannan buddy at brannan.name
Sat Apr 29 00:21:13 UTC 2017 

Amazing. Looks just like the thing that Tracy posted. 

Anyway, my feeling. As others have said, if you don't need to disclose a disability, why do you need to disclose a service dog (which would, by definition disclose your disability)? Seems to me if they have a problem with your service dog on an interview, your life at that job, in the unlikely event that you got it, would be pretty miserable. Seems to me that you're interviewing the job as much as the job is interviewing you, at least to some extent, and really, would you want to work somewhere that starts out hostile right at the get go? I've always brought my dog on interviews. I've just said that I'd be easy to spot because of my guide dog, but only after the interview time is confirmed. ... 

--
Buddy Brannan, KB5ELV - Erie, PA
Phone: 814-860-3194 
Mobile: 814-431-0962
Email: buddy at brannan.name




> On Apr 28, 2017, at 7:42 PM, Wayne And Harley via NAGDU <nagdu at nfbnet.org> wrote:
> 
> 
> 
> Hi Cindy, et al.This explains my comment....
> Wayne And Harley.....
> 
> From AskJan Newsletter:   
> 
> 1 - Taking a Service Animal to a Job Interview: Public Access or Reasonable Accommodation?
> 
> 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.
> 
> 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.
> 
> - Linda Carter Batiste, J.D., Principal Consultant
> 
> 
> Yours, Very Sincerely And Respectfully,
> 
> Wayne M. Scace 
> 
> -------- Original message --------
> From: Cindy Ray via NAGDU <nagdu at nfbnet.org> 
> Date: 4/28/2017  11:14  (GMT-06:00) 
> To: "'NAGDU Mailing List,	the National Association of Guide Dog Users'" <nagdu at nfbnet.org> 
> Cc: Cindy Ray <cindyray at gmail.com> 
> Subject: Re: [NAGDU] FW: [Njagdu] Taking a Service Animal to a Job
>  Interview: Public Access or Reasonable Accommodation? 
> 
> This doesn't make sense to me. If you are going into a store, you don't have
> to ask permission to bring in the dog so you can shop. I do get it if you
> are interviewing in a restaurant because the office of the interviewer may
> be back close to the food prep area. I might do it in that case. I think
> that it defies logic when most often the place is quite public.
> Cindy Lou Ray
> cindyray at gmail.com
> 
> 
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tracy Carcione
> via NAGDU
> Sent: Friday, April 28, 2017 11:10 AM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> <nagdu at nfbnet.org>
> Cc: Tracy Carcione <carcione at access.net>
> Subject: Re: [NAGDU] FW: [Njagdu] Taking a Service Animal to a Job
> Interview: Public Access or Reasonable Accommodation?
> 
> It doesn't seem right that a person would have to ask for a reasonable
> accommodation just to show up to a job interview.
> Tracy
> 
> 
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Wayne & Harley
> via NAGDU
> Sent: Friday, April 28, 2017 11:19 AM
> To: nagdu at nfbnet.org
> Cc: Wayne & Harley
> Subject: Re: [NAGDU] FW: [Njagdu] Taking a Service Animal to a Job
> Interview: Public Access or Reasonable Accommodation?
> 
> *Hello,
> The Answer is, It depends. As per the AskJan newsletter... If the interview
> is happening at a job fair open to the public, then yes, you can bring your
> Guide Dog as it it open to the public and Title II, and III apply. If,
> however, it is happening at the place of business, then Title I applies.
> You'd should request, before hand,  a reasonable accommodation from the
> business to bring your Guide Dog with you to the interview.
> Hope this helps.
> 
> Wayne And Harley
> 
> *On 4/28/2017 9:05 AM, Rebecca Sabo via NAGDU wrote:
>> Hi
>> I have a job interview on Tuesday should or should not bring my guy 
>> dog with me. Also any suggestions would be great how to approach 
>> bringing my dog if I get the position Becky
>> 
>> Sent from my iPhone
>> 
>> On Apr 28, 2017, at 6:20 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
>> 
>> -
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> <Untitled attachment 00070.txt>
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> 
> 
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