[nagdu] Recent DOJ Activity Concerning Service Animals

[David Baker]

'Guess I don't understand your question, Rebecca.
 
David

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf Of
Pickrell, Rebecca M (TASC)
Sent: Friday, April 09, 2010 12:56 PM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: Re: [nagdu] Recent DOJ Activity Concerning Service Animals

David, how can/are small businesses able to comply with ADA postings yet their
employees not comply with the law? Can you give an example? 

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf Of
David Baker
Sent: Friday, April 09, 2010 8:23 AM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Subject: Re: [nagdu] Recent DOJ Activity Concerning Service Animals

Marion, it's interesting to see the different results from different complaints.
Enforcing laws makes for tough judgment calls on the part of the litigators.  On
the one hand, there is sentiment in favor of punishment and retribution which is
often a strong motivator, especially  for large companies.  On the other, there
is a strong argument in favor of remedies that create broad changes in service
animal policies and actual compliance.  Small businesses can comply with
postings and supposed instructions to employees, but these may be easily
circumvented.  Enforcement against small businesses and health providers
requires a balancing act and careful analysis by the lawyer handling the case
about whether court action with a request for heavy penalties may end up
diluting the law or providing an ineffective remedy.

The possibility of coerced 'voluntary' compliance (settlement) is best achieved
when Justice has resources to prosecute and can point to substantial penalties
levied against ADA scofflaws.

Personally, I am not a big fan of settlements that provide only for the
development of ADA training and ADA compliant policies, unless there are tough
penalties for non-compliance and future violations within the settlement
agreement itself.  All of this, of course, is predicated on Justice and other
enforcement agencies having adequate funding and resources to pursue compliance
issues.

David


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