[NAGDU] Reasonable Accommodation v. Modification of Policies, Practices, & Procedures was Registering Guide Dog at Work

Sat Jan 6 01:57:01 UTC 2018

Mike,

	I have been reading this thread but have not had much time to respond due to my other projects. I have stated several times on this list that there is a difference between a reasonable accommodation and a modification of policies, practices, and procedures. This issue highlights that difference. Titles II & III require public accommodation and private entities that provide public accommodation to modify their policies, practices, and procedures to allow an individual with a disability the right to be accompanied by a service dog. This means suchentities must allow n individual with a disability the right to be accompanied by a service dog unless doing so would create a direct threat, if the dog is out of control, or the dog is not housebroken.

	Title I, however, requires employers to make a reasonable accommodation to allow an employee with a disability the right to be accompanied by a service dog. The difference between a modification of policies, practices, and procedures and a reasonable accommodation is that a reasonable accommodation is a negotiated agreement between the employer and employee. During this negotiation the parties agree to certain practices and an employer may require documentation of the need for the service dog, vaccination records, and bathroom breaks to relieve the dog. These are due to the long-term presence of the service dog and the balancing of the rights of other employees. Endorsing documents such as the one you have been asked to sign may be a part of the provision of a reasonable accommodation. 

	If there are other questions or comments about this, let's discuss them so we can all become better advocates for guide and service dog users!

Fraternally yours,
Marion

Marion Gwizdala, President
National Association of Guide Dog Users Inc. (NAGDU)
National Federation of the Blind
(813) 626-2789
President at NAGDU.ORG

The National Federation of the Blind knows that blindness is not the characteristic that defines you or your future. Every day we raise expectations because low expectations create barriers between blind  people and our dreams. You can live the life you want! Blindness is not what holds you back.

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Michael Forzano via NAGDU
Sent: Wednesday, January 3, 2018 10:55 AM
To: Michael Hingson
Cc: Michael Forzano; NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [NAGDU] Registering Guide Dog at Work

I think you’re right, the more I think but it. It’s not about others complaining as anyone with a pet dog can request access. When the request was made, the team that handles dog registration was asked to approve it (confirm that I actually have a dog). 
I find the company to be supportive in general but am concerned they won't understand the importance of this issue, also that mentioning the ADA will open a whole can of worms given that legal compliance can be a sensitive issue.

Mike

Sent from my iPhone

> On Jan 2, 2018, at 5:57 PM, Michael Hingson <mike at michaelhingson.com> wrote:
> 
> Mike,
> 
> Given what you are saying I think it inadvisable to sign the forms especially since you have and use a guide dog which is your right under the ADA. They should not require you to fill out anything. What you can do, if the issue is that HR wonders who might complain because "why can Mike bring his dog into restricted areas while I cannot?" is to help strengthen the company's wisdom by helping them to understand your rights as a guide dog user.
> 
> Remember, it is not the dog who has rights, but you who have them under the law. 
> 
> 
> Best Regards,
> 
> 
> Michael Hingson
> 
> -----Original Message-----
> From: Michael Forzano [mailto:michaeldforzano at gmail.com]
> Sent: Tuesday, January 02, 2018 5:36 PM
> To: Michael Hingson <mike at michaelhingson.com>
> Cc: NAGDU Mailing List, the National Association of Guide Dog Users 
> <nagdu at nfbnet.org>
> Subject: Re: [NAGDU] Registering Guide Dog at Work
> 
> Thanks Mike. Thankfully they aren't trying to deny me the accommodation of bringing my dog. TO give a bit more background on how this came about, there are certain floors that are access restricted through revolving turnstyles that a dog can't fit through (they move much too fast). I requested access to the regular doors and am now being asked to fill out these forms. The policy does restrict dogs from going to meeting rooms and common areas but notes that accommodations will be given to service animals.
> 
> I agree this might not be a battle worth fighting but I'm just not sure. Honestly I'd probably just fill out the form and try to push for change afterwords, if not for the process being inaccessible. I have to print out a PDF, sign it, scan it and email it back. An inaccessible process to get access to an inaccessible area of the building. That bothers me.
> 
> Mike
> 
>> On 1/2/18, Michael Hingson <mike at michaelhingson.com> wrote:
>> Mike,
>> 
>> Having your guide dog at work is by any standard a "reasonable 
>> accommodation" under the ADA. Your dog is not a pet.
>> 
>> At the same time I suggest that you pick your battles. Is there 
>> anything objectionable about your employer's "pet policy"? One thing 
>> I can think of is that any policy you might sign should not refer to 
>> your dog as a pet. In general I agree that you should not be required 
>> to sign anything because your dog is not a pet, but part of you and 
>> necessary for you to do your job.
>> You need to decide if discretion is the better part of valor.
>> 
>> 
>> Best Regards,
>> 
>> 
>> Michael Hingson
>> 
>> -----Original Message-----
>> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Michael 
>> Forzano via NAGDU
>> Sent: Tuesday, January 02, 2018 3:49 PM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users 
>> <nagdu at nfbnet.org>
>> Cc: Michael Forzano <michaeldforzano at gmail.com>
>> Subject: [NAGDU] Registering Guide Dog at Work
>> 
>> Hi All,
>> 
>> My employer is dog friendly, and has a registration process for pet 
>> dogs where you are required to agree to their pet policy and provide 
>> up to date vaccinations. I have not registered my guide but have run 
>> into a situation where I am now being asked to register her "just in 
>> case anything should ever happen". Does anyone know if an employer is allowed to require this?
>> I'd rather not do this if it's not required.
>> Any tips on how I might handle this would be appreciated.
>> 
>> Thanks,
>> Mike
>> 
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>> 
> 

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