[Ohio-talk] Taking a Service Animal to a Job Interview: Public Access or Reasonable Accommodation?

[Suzanne Turner]

All,

 

The employment Committee had this discussion and I wanted to share the
comment with you.  Someone sent this to us!

 

Suzanne

 

 

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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